Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
29 January 2016
Crips Gang Members Indicted in Nebraska for Racketeering Conspiracy and Related OffensesRead the Press Release
Six alleged members of the Crips have been indicted for their alleged roles in a racketeering conspiracy involving murder, attempted murder and other offenses in Nebraska, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and the U.S. Attorney Deborah R. Gilg of the District of Nebraska.
A federal grand jury returned the superseding indictment on Jan. 27, 2016, and it was unsealed today in the District of Nebraska. It charges Jerell Haynie, aka Bootie and T; Gregory Bahati, aka Pooh Bear and Murk 2x; Dionte Dortch, aka Killa Tay; Kendell Tealer; Brandon Heard, aka B; and Julio Arias, aka Rudy, all of Omaha, Nebraska, with conspiracy to participate in racketeering activity. Haynie is also charged with one count of attempted murder in aid of racketeering, one count of attempt to commit assault with a dangerous weapon in aid of racketeering and one count of discharging a firearm during a crime of violence; Heard is also charged with three counts of distribution of cocaine base; Bahati is also charged with one count of threats in aid of racketeering and one count of brandishing a firearm during a crime of violence; Dortch is also charged with one count of felon in possession of a firearm, one count of witness tampering and one count of attempted obstruction of justice; and Arias is also charged with three counts of distribution of cocaine base. As of this morning, five of the defendants are in custody; Heard is a fugitive.
According to the superseding indictment, the Crips is a violent street gang originally based in Los Angeles with members located throughout the country. The Crips are divided into local chapters, referred to as “sets.” There are numerous “sets” of Crips in the Omaha area, including but not limited to the “40th Ave Crips” and the “44th Ave Crips.” The 40th Ave. Crips and the 44th Ave Crips have “cliqued up” in response to, and in order to protect themselves against, rival Blood gangs in Omaha.
The superseding indictment alleges that the 40th Ave Crips operated a drug-distribution organization dealing mainly in crack cocaine and sought to protect that enterprise through threats and violence. The 40th Ave Crips also sought to keep victims and witnesses in fear of the gang through acts of violence. Specifically, for example, the indictment alleges that in December 2010, Tealer used a firearm to shoot and kill a victim; in September 2012, Haynie shot at an occupied residence; and in April 2015, Dortch was in a vehicle with Crips associates, leaned out of a window and shot at four victims, including an infant, in another vehicle.
The Bureau of Alcohol, Tobacco, Firearms and Explosives field office in Omaha and the Omaha Police Department are investigating the case. Trial Attorneys Yvonne L. Garcia and Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Matthew Molsen and Michael Norris of the District of Nebraska are prosecuting the case.
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Colorado Man Sentenced in Methamphetamine CaseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Collins, Colorado, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 25, 2016, by U.S. District Judge Karen E. Schreier.
Victor Francisco Castro, age 20, a citizen of Mexico, was sentenced to 60 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Castro was indicted by a federal grand jury on June 2, 2015. He pled guilty on September 15, 2015.
From March until May, 2015, Castro was a member of a conspiracy to distribute methamphetamine in South Dakota. On April 20, 2015, Castro and his co-defendant, Austin Lovre, sold 17 ounces of methamphetamine to a confidential informant.
This case was investigated by the Brookings and Watertown Police Departments, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Castro was immediately turned over to the custody of the U.S. Marshals Service.
Clinton Man Sentenced to 20 Years for Sexual Exploitation of A Minor by A ParentRead the Press Release
LITTLE ROCK—Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, along with Raymond R. Parmer, Jr., Special Agent in Charge of the Homeland Security Investigations (HSI) New Orleans Field Division, announced today that Nicholas DeRose, age 44, of Clinton, was sentenced to 240 months or 20 years in federal prison for Sexual Exploitation of a Minor by a Parent.
On August 2, 2013, HSI Special Agents located a photo-sharing profile named "dadof2dau" sharing child pornography images of a minor female. The images included hidden camera images of the minor female in the bathroom and images taken of her genitals while she was sleeping.
HSI agents then determined that the IP address belonging to the user of "dadof2dau" returned to Nicholas DeRose of Clinton, Arkansas. HSI Special Agents obtained a search warrant for DeRose’s residence on January 27, 2014.
DeRose admitted that he sent and received images containing child pornography. DeRose then admitted that he was the person who took photographs of the minor female located in the "dadof2dau" photo-sharing account. DeRose admitted to taking pictures of the minor off and on for one year.
DeRose told HSI agents that he located a "spy-shop" in Little Rock, Arkansas, and purchased a small, battery-powered video camera. He would then hide the camera in the minor’s bathroom and bedroom in order to capture images of the minor in various stages of undress. DeRose admitted to drilling a hole in the handle of a plastic toilet plunger and hiding the camera in the handle to record video of the minor. DeRose stated that this method worked "very well." DeRose stated that the camera recorded and saved the video files onto a small memory card within the camera. DeRose admitted that he would then retrieve the camera and would transfer the video to his "gray HP laptop computer."
DeRose was indicted on June 4, 2014, in a two count Indictment charging him with sexual exploitation of a child by a parent and distribution of child pornography. On July 10, 2015, DeRose pled guilty to sexual exploitation of a child by a parent.
There is no parole in the federal system. When DeRose is released upon completion of his 20 year sentence, he will serve 10 years of supervised release. Conditions of his supervised release include registering as a sex offender and no contact with minors under the age of 18.
"Sometimes those who pose the most risk to our children are those who they trust the most." United States Attorney Christopher R. Thyer stated. "While the sentence imposed today cannot undo the irreparable harm committed by DeRose, it sends the message that law enforcement will find those who exploit the most vulnerable victims in our society and send them to prison for decades."
"Child sexual abuse is one of the most heinous crimes HSI investigates as it steals the innocence of children and leaves lasting scars on victims," said Raymond R. Parmer Jr. "Criminals who produce and distribute child pornography further victimize the innocent by sharing the evidence of these terrible crimes, and as such, these cases will continue to be one of the agency’s highest priorities."
Clarks Summit Attorney Convicted of Mail FraudRead the Press Release
SCRANTON - The U.S. Attorney's Office for the Middle District of Pennsylvania announced today that Susan C. Kevra-Shiner, age 46, of Clarks Summit, Pennsylvania, was convicted yesterday of seven counts of Mail Fraud in connection with the operation of her abstract and title insurance company. The three-day jury trial of Kevra-Shiner was held before U.S. District Court Judge Edwin M. Kosik in Scranton.
According to U.S. Attorney Peter Smith, the jury returned with the verdict of guilty after approximately seven hours of deliberation.
In 2009, Kevra-Shiner was an attorney who also owned and operated GK Abstract Co., Inc., an abstract and title insurance company located in Avoca, Pennsylvania. As part of her legal practice, Kevra-Shiner handled real estate transactions, and, starting in 2003, she began issuing title insurance policies as an authorized agent of the Stewart Title Guaranty Company, a title insurance underwriter based in Texas.
Kevra-Shiner’s agency agreement with Stewart was terminated on September 23, 2008, but the defendant nevertheless continued to issue numerous title insurance policies to her clients after that date. As a result, she defrauded at least sixty-nine (69) homeowners and/or the associated lenders of at least $69,000 in title insurance premiums. The policies Kevra-Shiner sold her clients were invalid and she never remitted any portion of the premiums she received to the underwriter.
On February 28, 2013, the Pennsylvania Office of Disciplinary Counsel suspended Kevra-Shiner's law license for four years as a result of these activities.
The case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorneys Peter Hobart and Evan Gotlob.
# # #
Cedar Rapids Man Sentenced to 15 Years in Federal Prison for Illegally Possessing FirearmsRead the Press Release
A man who illegally possessed firearms was sentenced yesterday to 15 years in federal prison, the maximum prison term allowed for his crimes.
Kendan Fonville, also known as “Fudd,” age 23, from Cedar Rapids, Iowa, received the prison term after an April 28, 2015, guilty plea to possessing a firearm as drug user and possessing a firearm with an obliterated serial number.
In a plea agreement, Fonville admitted that he illegally possessed a Bersa Thunder .380 caliber pistol in March 2012. Fonville admitted that the pistol had an obliterated serial number, that he knew the serial number was obliterated, and that he was an unlawful drug user at the time he possessed the pistol. At yesterday’s sentencing hearing, witnesses testified that in March 2012, defendant assaulted a woman with a bottle, knocking her unconscious, and then shot rounds into the air from an AK-47 assault rifle in the middle of the street on the Southeast side of Cedar Rapids. Evidence at the sentencing hearing also showed that Fonville severely beat another inmate in November 2014 while he was awaiting trial and sentencing in this matter.
Fonville has been in federal custody since an October 2014 detention hearing in front of Chief United States Magistrate Judge Jon Stuart Scoles. In ordering him detained, Judge Scoles concluded that “despite being only 22 years old, [Fonville] has approximately 30 convictions,” including “11 convictions for assault, 6 convictions for interference with official acts, 4 convictions for public intoxication, and 3 convictions for trespass.”
In sentencing Fonville to a 15-year prison term, United States District Court Chief Judge Linda R. Reade noted defendant’s violent past, the seriousness of his federal offenses, and found that he “poses a substantial risk of danger to the public.” There is no parole in the federal system.
“Targeting violent criminals for federal investigation and prosecution is a priority for the Northern District of Iowa United States Attorney’s Office while working with the entire federal state and local law enforcement community,” said United States Attorney Techau. “One way to stop violent criminals who endanger our communities is for law enforcement and prosecutors to work together. This case is a good example of how this kind of partnership makes a difference. The individual sentenced is a very violent person. His record speaks for itself. There is no doubt he is a very dangerous man that needs to be locked up to protect society.”
“This conviction is the result of a cooperative effort between area law enforcement and the U.S. Attorney to apprehend and hold accountable an individual for both dangerous and illegal activity in our community,” said Cedar Rapids Chief of Police Wayne Jerman. “We are grateful to the U.S. Attorney’s Office and our federal law enforcement partners for helping make Cedar Rapids a safer community.”
The case was prosecuted by Assistant United States Attorneys C.J. Williams and Ravi T. Narayan and was investigated by the Federal Bureau of Investigation Safe Streets Task Force and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 14-CR-117.
Follow us on Twitter @USAO_NDIA.
Bronx, N.Y. Man Admits to Stealing $342,590 in Tax Refund ChecksRead the Press Release
NEWARK, N.J. - A New York man admitted today that he stole more than $340,000 in fraudulently obtained income tax refund checks issued by the United States, U.S. Attorney Paul J. Fishman announced.
Isaias Hernandez, 40, of Bronx, New York, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to Count Three of an indictment charging him with theft of government funds.
According to the documents filed in this case and statements made in Court:
Hernandez admitted stealing $342,590 from February 2012 through May 2012. Many of the fraudulently obtained income tax refund checks were deposited, with the proceeds withdrawn, in Hamilton, New Jersey.
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that results in more than $2 billion in losses annually. SIRF schemes generally share a number of hallmarks. Perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico. They complete IRS-1040 tax return forms using the fraudulently obtained information and falsifying wages earned, taxes withheld and other data, always ensuring that fraudulent tax return generates a refund. The perpetrators then direct the U.S. Treasury Department to mail the refund checks to locations they control or can access. In some cases, they bribe mail carriers to remove the refund checks from their mail routes. With the fraudulently obtained refund checks in hand, the perpetrators generate cash proceeds by depositing the checks into bank accounts they control.
Hernandez admitted that he knew that the 48 double-endorsed tax refund checks he and others deposited into a bank account under his direct control did not belong to him or to the company named on the bank account. He admitted to personally withdrawing from that bank account $98,020 in cash and $99,700 in bank checks made out to an automobile auction. Hernandez admitted using money from the bank account for personal expenses, including but not limited to payments for an insurance school class and the purchase of liquor and clothing. He also admitted that he knew that the checks were issued by the IRS and the United States Treasury, and that it was illegal to deposit the tax refund checks and use the proceeds for his own benefit.
Hernandez was originally charged with six co-defendants (Luis Pena, Lourdes Ortiz, Raymundo Hernandez and Gloria Rivera of Bronx; Wellington Feliz and Fausto Bernard of Newark) in a criminal complaint alleging conspiracy to commit theft of government funds, relating to a SIRF scheme that caused more than $2.6 million in losses to the United States government. Of the originally charged defendants, four (Pena, Rivera, Ortiz and Raymundo Hernandez) pleaded guilty to and have been sentenced for their roles in the conspiracy, and one pleaded guilty to and was sentenced for a misprision of felony related to his failure to report the conspiracy (Bernard). One additional conspirator, Angel Fernandez of Newark, was charged in a separate complaint and also pleaded guilty to charges regarding his participation in the conspiracy. All have been ordered to pay restitution to victims and forfeiture to the United States. The remaining defendant, Feliz, who is named in the indictment with Hernandez, is a fugitive.
The charge to which Hernandez pleaded guilty carries a maximum penalty of 10 years in prison and a fine of the greater of $250,000, twice the gross amount of any pecuniary gain that any persons derived from the offense; or twice the gross amount of any pecuniary loss sustained by any victims of the offense.
U.S. Attorney Fishman credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; special agents of the U.S. Secret Service, under the direction of Acting Special Agent in Charge Kenneth Pleasant; and special agents of the U.S. Postal Service – Office of the Inspector General, under the direction of Special Agent in Charge Eileen Neff; and inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge James R. Ball, with the investigation leading to today’s guilty plea.
Sentencing before U.S. District Judge Madeline Cox Arleo is scheduled for May 2, 2016.
The government is represented by Assistant U.S. Attorneys Sara F. Merin and Joyce M. Malliet of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Stephen Turano, Esq., Newark, N.J.
Boston Police Detective Sentenced for Conspiracy to Obstruct a Gang InvestigationRead the Press Release
BOSTON – A Boston Police detective was sentenced today in connection with a conspiracy to obstruct an FBI investigation related to the Academy Homes Street Gang (AHSG), a violent narcotics trafficking gang that operated out of the Academy Homes housing development in Roxbury.
Brian Smigielski, 43, of Norton, was sentenced by U.S. District Court Judge Denise J. Casper to one year of probation and a fine of $5,000. In September 2015, Smigielski pleaded guilty to one count of conspiracy to defraud the United States during the course of a federal investigation.
From early 2009 to 2011, the FBI and Boston Police Department (BPD) were conducting a joint investigation into AHSG. During the initial stages of that investigation Smigielski was the lead investigator. In late 2009, Smigielski, became upset after being ordered to turn over the investigation to the FBI and other BPD units, and thereafter, in 2010 and 2011, conspired with a fellow BPD officer and AHSG gang members to impede the FBI in its investigation of AHSG. Smigielski assisted the AHSG gang members by, among other things, informing the gang members of the FBI’s pending investigation and warning them that their arrests were imminent.
United States Attorney Carmen M. Ortiz; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Superintendent Frank Mancini of the Boston Police Department’s Anti-Corruption Division, made the announcement today. The case was prosecuted by Assistant U.S. Attorney Dustin Chao of Ortiz’s Public Corruption and Special Prosecutions Unit.
Belleville Woman Pleads Guilty to Healthcare FraudRead the Press Release
James L. Porter, Acting United States Attorney for the Southern District of Illinois, announced today, that Kiara Hopkins, 24, of Belleville, Illinois, pled guilty in federal court to charges that she engaged in a scheme to steal from a health care program. Sentencing has been set for May 5, 2016. Hopkins will face up to 10 years in prison, a fine of up to $250,000, and up to 3 years of supervised release.
During her plea hearing, Hopkins admitted that she had submitted false and fraudulent claims in relation to her alleged performance of personal assistant services in the Home Services Program, a Medicaid Waiver Program designed to allow individuals to stay in their homes instead of entering a nursing home. Hopkins admitted to falsely billing the program between July 22, 2013 and November 26, 2013, when she purportedly rendered personal assistant services to a customer when, in fact, she had not been caring for the customer during those times.
The investigation was conducted by the U.S. Department of Health and Human Services - Office of Inspector General, the Illinois State Police - Medicaid Fraud Control Bureau, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney William E. Coonan.
If you suspect or know of an individual or company that is not complying with healthcare laws or public aid programs, you may report this activity to the local office of the U.S. Department of Health and Human Services, Office of Inspector General, or you may call 1.800.447.8477.
Bangor Man Pleads Guilty to Sexual Exploitation of a MinorRead the Press Release
Contact: Andrew McCormack
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Andy Quinn Goodall, 28, most recently of Bangor, pleaded guilty today in U.S. District Court to sexual exploitation of a minor.
According to court records, the defendant took sexually explicit images of two prepubescent minors, uploaded them to a foreign website and provided links to the images in emails he sent to others.
Goodall faces between 15 and 30 years in prison, a $250,000 fine and between five years and life on supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted jointly by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Bangor Police Department, and the Penobscot County Sheriff’s Office.
Al-Shabaab Member Sentenced to Nine Years for Conspiring to Provide Material Support to the Terrorist OrganizationRead the Press Release
Defendant Traveled to Somalia to Join Foreign Fighter Corps
Mahdi Hashi, 26, a Somali national, was sentenced to nine years in prison by U.S. District Judge John Gleeson of the Eastern District of New York for conspiring to provide material support to al-Shabaab, a designated foreign terrorist organization. The defendant traveled from the United Kingdom to Somalia to join the terrorist group. While in Somalia, the defendant was affiliated with the American jihadist Omar Hamami and his band of American fighters, as well as individuals associated with al-Shabaab’s suicide bomber program.
The sentence was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Robert L. Capers of the Eastern District of New York and Assistant Director in Charge Diego Rodriguez of the FBI’s New York Field Office.
As stated in court today and according to court documents, between approximately December 2009 and August 2012, the defendant served as a member of al-Shabaab in Somalia where he conspired to support al-Shabaab and its violent extremist agenda. In August 2012, the defendant was apprehended with others by local authorities in East Africa after he left Somalia, and then lawfully deported to the Eastern District of New York for prosecution in November 2012.
On Nov. 14, 2012, the FBI took custody of the defendant and brought him to the Eastern District of New York for prosecution. He, along with two codefendants, pleaded guilty on May 12, 2015.
“Hashi travelled to Somalia to join and fight on behalf of al-Shabaab in their foreign terrorist fighter ranks,” said Assistant Attorney General Carlin. “The National Security Division remains committed to detecting, thwarting and bringing to justice those who seek to provide material support to and fight on behalf of designated foreign terrorist organizations.”
“This defendant left his family and his adopted home in the United Kingdom behind so he could offer himself in support of al-Shabaab, a violent terrorist organization that has demonstrated its capabilities and motives in numerous terrorist attacks and that has publicly called for attacks against the United States,” said U.S. Attorney Capers. “Today’s sentence should serve as a warning to others who offer support to terrorist groups that pose a threat to the United States and our allies around the world.”
“Mahdi Hashi joined a foreign terrorist organization to be part of a group utilizing violence to fulfill their agenda,” said Assistant Director in Charge Rodriguez. “He now finds himself isolated behind bars due to the criminality of his activities. Through today’s sentence, we hope he can no longer be in a position to inflict, or support those who inflict, harm on others. The FBI, in cooperation with our JTTF partners, will continue to work to identify and interrupt those engaged in terrorist activities globally, and bring them to justice in the U.S.”
During the time of the charged conspiracy and thereafter, al-Shabaab successfully recruited individuals from around the world, including Hashi, to come to Somalia and join the organization. These individuals, known within al-Shabaab as “foreign fighters,” lived, trained and often fought alongside native Somali fighters. Al-Shabaab frequently made Western foreign fighters the face of its fundraising and propaganda efforts as part of a broader strategy emphasizing that the conflict in Somalia was part of a global jihad aimed at creating an Islamic caliphate. In addition, al-Shabaab assesses that Westerners have the potential to more easily cross certain international borders. Because al-Shabaab frequently employs suicide bombings, as it did in the Kampala, Uganda, attacks in 2010 resulting in 74 deaths, freedom of travel was and is particularly crucial to al-Shabaab’s external terror operations.
Assistant Attorney General Carlin joined U.S. Attorney Capers in thanking the federal, state and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The government’s case is being handled by Assistant U.S. Attorneys Shreve Ariail, Seth D. DuCharme and Richard M. Tucker of the Eastern District of New York, along with Trial Attorney Annamartine Salick of the National Security Division’s Counterterrorism Section. The Department of Justice’s Office of International Affairs also provided invaluable assistance.
Al-Shabaab Member Sentenced to 9 Years for Conspiring to Provide Material Support to the Terrorist OrganizationRead the Press Release
Earlier today at the federal courthouse in Brooklyn, Mahdi Hashi was sentenced to nine years in prison by United States District Judge John Gleeson for conspiring to provide material support to al-Shabaab, a designated foreign terrorist organization. The defendant traveled from the United Kingdom to Somalia to join the terrorist group, which has a long history of violence against civilians and others. While in Somalia, the defendant was affiliated with the American jihadist, Omar Hamami and his band of American fighters, as well as individuals associated with al-Shabaab’s suicide bomber program.
The sentence was announced by Robert L. Capers, United States Attorney for the Eastern District of New York, John P. Carlin, Assistant Attorney General for National Security, and Diego Rodriguez, Assistant Director-in-Charge of the Federal Bureau of Investigation, New York Field Office.
As stated in court today and according to court documents, between approximately December 2009 and August 2012, the defendant served as a member of al-Shabaab in Somalia where he conspired to support al-Shabaab and its violent extremist agenda. In August 2012, the defendant was apprehended with others by local authorities in East Africa after he left Somalia, and then lawfully deported to the Eastern District of New York for prosecution in November 2012.
On November 14, 2012, the Federal Bureau of Investigation took custody of the defendant and brought him to the Eastern District of New York for prosecution. He, along with two codefendants, pleaded guilty on May 12, 2015.
“This defendant left his family and his adopted home in the United Kingdom behind so he could offer himself in support of al-Shabaab, a violent terrorist organization that has demonstrated its capabilities and motives in numerous terrorist attacks and that has publicly called for attacks against the United States,” stated U.S. Attorney Capers. “Today’s sentence sounds a warning to others who offer support to terrorist groups that pose a threat to the United States and our allies around the world.”
“Hashi travelled to Somalia to join and fight on behalf of al-Shabaab in their foreign terrorist fighter ranks,” said Assistant Attorney General Carlin. “The National Security Division remains committed to detecting, thwarting, and bringing to justice those who seek to provide material support to and fight on behalf of designated foreign terrorist organizations.”
FBI Assistant Director-in-Charge Rodriguez stated, “Mahdi Hashi joined a foreign terrorist organization to be part of a group utilizing violence to fulfill their agenda. He now finds himself isolated behind bars due to the criminality of his activities. Through today’s sentence, we hope he can no longer be in a position to inflict, or support those who inflict, harm on others. The FBI, in cooperation with our JTTF partners, will continue to work to identify and interrupt those engaged in terrorist activities globally and bring them to justice in the U.S.”
During the time of the charged conspiracy and thereafter, al-Shabaab successfully recruited individuals from around the world, such as the defendant, to come to Somalia and join the organization. These individuals, known within al-Shabaab as “foreign fighters,” lived, trained, and often fought alongside other native Somali fighters. The foreign fighters were especially valuable to al-Shabaab for several reasons. For example, al-Shabaab frequently made Western foreign fighters the face of its fund-raising and propaganda efforts as part of a broader strategy of emphasizing that the conflict in Somalia was part of a global jihad aimed at creating an Islamic caliphate. In addition, al-Shabaab assesses that Westerners have the potential to more easily cross certain international borders. Because al-Shabaab frequently employs suicide bombings, as it did in the Kampala, Uganda, in 2010 resulting in 74 deaths, freedom of travel was particularly crucial to al-Shabaab’s external terror operations.
Assistant Attorney General Carlin joined U.S. Attorney Capers in thanking the federal, state, and local law enforcement agencies who participate in the FBI’s Joint Terrorism Task Force in New York.
The government’s case is being handled by Assistant U.S. Attorneys Shreve Ariail, Seth D. DuCharme, and Richard M. Tucker of the Eastern District of New York, along with Trial Attorney Annamartine Salick of the National Security Division’s Counterterrorism Section. The Department of Justice’s Office of International Affairs also provided invaluable assistance.
The Defendant:
MADHI HASHI
Age: 26
Nationality: Somali10 Charged in Relation to $15 Million Scheme to Defraud Medicare by Billing for Physical Therapy Services Never ProvidedRead the Press Release
LOS ANGELES – Federal authorities this morning arrested three defendants who are charged in relation to a scheme that fraudulently sought approximately $15 million from Medicare for physical therapy services that were never provided to “patients.”
The three men arrested today are among 10 defendants who have been charged in recent months for their roles in the scheme that led Medicare to pay approximately $7.8 million after receiving fraudulent bills.
The scheme revolved around clinics called Rehab Dynamics, RSG Rehab and Innovation Physical Therapy that operated at various locations in Los Angeles and Orange counties. These clinics were owned and operated by two men – Joseff Sales, 39, of Buena Park, a licensed physical therapist, and Daniel Goyena, 38, of Buena Park, a licensed physical therapist assistant – who were indicted in October.
Sales pleaded guilty on January 25, and Goyena pleaded guilty on December 17. Both men pleaded guilty to health care fraud and paying illegal kickbacks before United States District Judge Dean D. Pregerson, who is scheduled to sentence the defendants later this year.
A third man indicted in October – David Y. Kim, 53, of the Arlington Heights district of Los Angeles, a licensed chiropractor and former owner/operator of New Hope Clinic – is a fugitive who is currently being sought by federal authorities. Kim is charged with four counts of health care fraud, five counts of receiving illegal kickbacks and two counts of aggravated identity theft.
Today’s announcement is the result of this morning’s arrests of three defendants related to the scheme who were indicted over the past two weeks. The men taken into custody today are:
-
Byong Chun “David” Min, 67, of Irvine, co-owner/operator of Glory Rehab Team, which operated as Dream Hospital in Orange County;
-
Jason S. Min, 34, of Irvine, David Min’s son, who was the other owner/operator of Glory Rehab; and
-
Simon Hong (who is also known as Seong Wook Hong), 54, of Brea, who was the owner of several clinics in Walnut, Torrance and other Southland locations that operated under companies called Hong’s Medical Management, CMH Practice Solution, and HK Practice and Solution.
The Mins and Hong are expected to be in United States District Court this afternoon to be arraigned in their respective cases.
“Health care fraud affects all Americans by driving up medical costs and, in the case of Medicare fraud, stealing money from taxpayers,” said United States Attorney Eileen M. Decker. “Medicare is regularly targeted by fraud, but the Department of Justice is diligently investigating and prosecuting those responsible for defrauding this important public health care program.”
The indictment against the Mins alleges that over a two-year period they provided Medicare beneficiary information to Rehab Dynamics and RSG Rehab. The Medicare beneficiary information was used to submit fraudulent bills to Medicare for services supposedly provided at Glory Rehab – services that were never provided. Rehab Dynamics and RSG Rehab allegedly received nearly $600,000 as a result of these fraudulent claims to Medicare, and approximately $323,380 was paid in kickbacks to the Mins. The indictment charges the Mins with six counts of health care fraud, six counts of receiving illegal kickbacks and two counts of aggravated identity theft.
The case against Hong alleges that Medicare beneficiaries who came to his clinics sometimes received massages, acupuncture or therapy treatment plans, but they did not receive any services that are reimbursable under Medicare rules. Nevertheless, according to the indictment, from the spring of 2009 until November 2013, bills were submitted to Medicare that claimed the “patients” had received physical therapy treatment from Rehab Dynamics and RSG Rehab, which led Medicare to pay nearly $3 million. The indictment alleges that Hong received $1,640,674 as a result of the fraudulent scheme. Hong is charged with eight counts of health care fraud, nine counts of receiving illegal kickbacks and two counts of aggravated identity theft.
Taxpayers are the ultimate victims and pay the price when superficial claims for treatment are paid to scam artists,” said David Bowdich, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The FBI and our partners rely on the public and the medical community to report fraudulent schemes so that we can hold accountable those who steal funds appropriated for legitimate medical conditions.”
According to court documents, the scheme involving Rehab Dynamics and RSG Rehab ran from early 2008 until early 2014. In some cases, Medicare beneficiaries who went to Rehab Dynamics, RSG Rehab and the other companies involved in the scheme received massages or acupuncture – services that were not covered by Medicare – from practitioners who were not licensed to perform physical therapy. In exchange for patient referrals, the principals in Rehab Dynamics and RSG Rehab paid kickbacks that were about 55 percent of the reimbursement they received from Medicare.
“The OIG and our law enforcement partners will continue to aggressively pursue both licensed providers, such as physical therapists, and the management companies who operate such clinics that steal from the Medicare system,” said Christian J. Schrank, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General.
Previously in this investigation, four other defendants pleaded guilty and are pending sentencing. They are:
-
Marlon Songco, 39, of Sylmar, the president of Rehab Dynamics, pleaded guilty in June to conspiracy;
-
Eddieson Legaspi, 39, of Lomita, an employee of Rehab Dynamics, pleaded guilty in August to conspiracy to commit health care fraud;
-
Ohun Kwon, 49, of Fullerton, the owner/operator of E.K. Medical Management, which referred patients to Rehab Dynamics, pleaded guilty in August to conspiracy to commit health care fraud; and
-
Leovigildo Sayat, 39, of Torrance, an employee of RSG Rehab, pleaded guilty in October to conspiracy to commit health care fraud.
The charge of conspiracy carries a statutory maximum sentence of five years in federal prison, conspiracy to commit health care and the substantive health care fraud counts carry a maximum sentence of 10 years in prison, the kickback counts carry a maximum sentence of five years in prison, and aggravated identity theft carries a mandatory two-year sentence.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation in the cases involving Rehab Dynamics was conducted by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services – Office of Inspector General.
-
28 January 2016
Woman Pleads Guilty to Debit Card FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. –U.S. Attorney Williams J. Hochul, Jr. announced today that Yaily Santurio Milian, 32, a Cuban National, pleaded guilty before U.S. District Court Judge Richard J. Arcara to conspiracy to commit bank fraud. The charge carries a maximum penalty of 30 years in prison, a fine of $1,000,000, or both.Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that Milian fraudulently obtained the credit/debit card numbers of actual people and then encoded counterfeit cards with the information. The defendant then used the counterfeit cards to purchase merchandise at retail stores in the area, including a Tops Market and a CVS Pharmacy. Milian fraudulently obtained the information associated with approximately 79 credit and debit card accounts at various financial institutions.
Five other Cuban Nationals, Eduardo Quinones Hernandez, Claudia Diaz Diaz, Misael Toledo Rios, and Jose Valdivia Quinones have also been convicted in this case. Charges are pending against Yasser Carrillo Chartrand. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s plea is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent in Charge James C. Spero, the U.S. Secret Service, under the direction of Special Agent in Charge C. Todd Laster, and the New York State Police, under the direction of Major Steven Nigrelli.
Sentencing is scheduled on May 23, 2016 before Judge Arcara.Winchester Man Sentenced to 51 Months for Defrauding Oil CompanyRead the Press Release
LEXINGTON — A Winchester, Ky., man, who previously admitted that he stole over $3 million from his former employer, Apollo Oil, LLC, has been sentenced to 51 months in federal prison.
Yesterday, U.S. District Court Judge Danny C. Reeves sentenced Bradley Earl Taylor, 38, for wire fraud. Under federal law, Bradley must serve at least 85 percent of his prison sentence. Following his release, he will be under the supervision of the U.S. Probation Office for three years.
Taylor, who worked as Apollo’s operations manager, admitted that he created a fictitious supplier, called BCW, LLC, and falsified purchase orders, invoices, and other shipping documents, causing Apollo to issue checks to BCW for nonexistent products. Taylor then stole the checks, deposited them into a bank account he opened in the name of BCW, and used the proceeds for personal gain.
According to the plea agreement, from 2004 to 2014, Taylor caused Apollo to issue 232 checks to BCW, totaling $3,055,422.33. Taylor personally received all of this money. In addition to his prison term, Taylor has also been ordered to make full restitution.
Taylor pleaded guilty to the offense in October 2015.
Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky, and Howard Marshall, Special Agent in Charge, FBI, jointly announced the sentence.
The investigation was conducted by the FBI. Assistant U.S. Attorney Andrew Boone prosecuted this case on behalf of the federal government.
Wilkes-Barre Man Pleads Guilty to Possession of Firearm in Furtherance of Heroin TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a Wilkes-Barre man pled guilty yesterday in United States District Court in Scranton, before United States District Judge Malachy E. Mannion, to possession of a firearm in furtherance of heroin trafficking.
According to United States Attorney Peter Smith, Disean Kendricks, age 26, admitted to the charge of possession of a firearm in furtherance of a drug trafficking crime. Kendricks was indicted by a grand jury in June 2015.
The charges stem from an incident in which investigators served a search warrant at a residence located on Sullivan Street in Wilkes-Barre and seized 45 bags of heroin and two firearms from a bedroom in which Kendricks was sleeping.
The investigation was conducted by the Wilkes-Barre Police Department and the Bureau of Alcohol, Tobacco and Firearms (ATF).
The case is being prosecuted by Assistant United States Attorney Robert J. O’Hara.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal state and local law enforcement agencies.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Kendricks faces a mandatory penalty of at least 60 months in prison.
The maximum penalty under federal law is up to life in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Waterville Man Sentenced to 15 Years for Illegally Possessing AmmunitionRead the Press Release
Contact: Jody Mullis
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: United States Attorney Thomas E. Delahanty II announced that Brian Mulkern, 35, of Waterville, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr to 15 years in prison and five years of supervised release for being a felon in possession of ammunition. He pled guilty on August 14, 2015.
According to court records, on August 26, 2014, Mulkern was apprehended by police in Winthrop, Maine while in possession of 10 rounds of 9-millimeter ammunition. The defendant stole this ammunition during the course of a day-time burglary. An 11-year-old girl was in the home at the time of the burglary. The defendant was captured by local police at the scene of the burglary with the ammunition in his backpack. He told police that he tried to steal a handgun located in a safe in the home during the burglary. He was unable to open the safe. Mulkern was prohibited from possessing firearms and ammunition due to past felony convictions in Maine state courts for burglary, robbery and drug trafficking. He faced an enhanced sentence because Judge Woodcock found him to be an Armed Career Criminal due to his past drug trafficking and violent felony convictions.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Winthrop Police Department.
U.S. Navy Commander Pleads Guilty to Accepting Cash and Prostitutes in International Bribery SchemeRead the Press Release
A U.S. Navy Commander pleaded guilty today to bribery charges, admitting that he accepted cash, gifts, travel expenses, entertainment and the services of prostitutes from foreign defense contractor Glenn Defense Marine Asia (GDMA) in exchange for classified U.S. Navy information, including ship schedules that contained information related to the U.S. Navy’s ballistic missile defense operations in the Pacific.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Laura Duffy of the Southern District of California, Deputy Inspector General for Investigations James B. Burch of the Defense Criminal Investigative Service (DCIS) and Director Andrew Traver of the Naval Criminal Investigative Service (NCIS) made the announcement.
Michael Vannak Khem Misiewicz, 48, of San Diego, pleaded guilty before U.S. Magistrate Judge Jan Adler of the Southern District of California to one count of conspiracy and one count of bribery. Sentencing is scheduled for April 29, 2016, before U.S. District Judge Janis L. Sammartino of the Southern District of California.
“In exchange for luxury vacations, gifts and other expenses, Commander Misiewicz betrayed his oath, the men and women of the U.S. Navy, and American taxpayers by directing lucrative government contracts to his financial patron,” said Assistant Attorney General Caldwell. “Working with our law enforcement partners, the Department of Justice’s Criminal Division is committed to prosecuting corrupt officials who abuse positions of public trust.”
“Commander Misiewicz provided information to a foreign contractor that, in the wrong hands, could’ve had a devastating impact on national security,” said U.S. Attorney Duffy. “By giving in to greed, he put his Navy shipmates and fellow Americans in harm’s way. This guilty plea is an important step in ensuring that all those who violated their duty of trust to the United States in this affair are held accountable.”
“Today's guilty plea of Commander Misiewicz is yet another example of a U.S. Navy officer who sought to enrich himself at the expense of U.S. taxpayers,” said Director Burch. “This type of reprehensible behavior will not be tolerated. Those who serve in the U.S. Navy have an obligation to uphold the public's trust or suffer the consequences. DCIS, the Naval Criminal Investigative Service and the Department of Justice will vigorously pursue this investigation wherever it may lead us.”
“Commander Misiewicz chose personal gain and gratification over sacrifice and service to our country," said Director Traver. “His actions are antithetical to the Navy’s core values of honor, courage and commitment. Along with DCIS, we will continue vigorously pursuing all aspects of the investigation.”
According to admissions in his plea agreement, from January 2011 until September 2013, Misiewicz provided classified U.S. Navy ship schedules and other sensitive U.S. Navy information to the defense contractor Leonard Glenn Francis, CEO and owner of Singapore-based GDMA. GDMA provided port services to U.S. Navy ships and submarines when they arrived at ports throughout the Pacific.
Misiewicz admitted that when he was stationed in Japan, on the USS Mustin and in Colorado Springs, Colorado, he used his position and influence within the U.S. Navy to advance the interests of GDMA, including by providing Francis with classified ship schedules and other proprietary U.S. Navy information. In return, Misiewicz admitted that Francis gave him cash, paid for luxury travel on at least eight occasions for Misiewicz and his family, provided his wife with a designer handbag and provided Misiewicz with the services of prostitutes on multiple occasions. Throughout the conspiracy, Misiewicz admitted that he and his conspirators took steps to avoid detection by law enforcement by, among other means, using clandestine email accounts, which they periodically deleted.
To date, nine individuals have been charged in connection with this scheme; of those, eight have pleaded guilty, including Misiewicz, Captain Daniel Dusek, Commander Jose Luis Sanchez, NCIS Special Agent John Beliveau and U.S. Navy Petty Officer First Class Daniel Layug. Former Department of Defense (DoD) civilian employee Paul Simpkins awaits trial. On Jan. 21, 2016, Layug was sentenced to 27 months in prison and a $15,000 fine; the others await sentencing.
The NCIS, the DCIS and the Defense Contract Audit Agency are conducting the ongoing investigation. Assistant Chief Brian R. Young and Trial Attorney Lawrence Atkinson of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mark W. Pletcher of the Southern District of California are prosecuting the case.
Those with information relating to fraud, corruption or waste in government contracting should contact the NCIS anonymous tip line at www.ncis.navy.mil or the DoD Hotline at www.dodig.mil/hotline, or call (800) 424-9098.
U.S. Attorney’s Office Violence Reduction Partnership Results in the Prosecution of 55 Drug Traffickers, Illegal Firearms Dealers and Convicted Felons Targeting Our Local CommunitiesRead the Press Release
Federal, state and local law enforcement officials today announced the filing of federal charges against 55 defendants in five separate cases for their alleged participation in varied criminal conduct, including armed drug trafficking, narcotics conspiracies, illegal firearms sales and firearms violations by convicted felons. The charges are the result of initiatives which stem from the Violence Reduction Partnership (VRP), launched by the U.S. Attorney’s Office in 2011. Through a collaborative partnership, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities in Miami-Dade, Broward and Palm Beach Counties.
The law enforcement mission is to combat violent crime, narcotics trafficking, gang activity and firearms offenses by prosecuting offenders and working with community leaders and non-profit entities to provide preventive services to the local populations.
The agencies and departments announcing today’s federal cases are each dedicated members of VRP, included: U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida, Special Agent in Charge Carlos A. Canino for the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Miami Field Division, Special Agent in Charge A.D. Wright for the U.S. Drug Enforcement Administration’s (DEA) Miami Field Division, U.S. Marshal Amos Rojas Jr. for the United States Marshals Service’s (USMS) Regional Fugitive Task Force, Acting Director Juan Perez for the Miami-Dade Police Department (MDPD), Chief Rodolfo Llanes for the City of Miami Police Department (MPD), Chief Antonio G. Brooklen for the Miami Gardens Police Department (MGPD), Special Agent in Charge George L. Piro for the Federal Bureau of Investigation’s (FBI) Miami Field Office, Sheriff Scott Israel for the Broward Sheriff’s Office (BSO), Chief Dan Guistino for the Pembroke Pines Police Department, Special Agent in Charge Troy Walker for the Florida Department of Law Enforcement’s (FDLE) Miami Regional Operations Center, Sheriff Ric Bradshaw, for the Palm Beach County Sheriff’s Office (PBSO) and Chief William Hernandez for the North Miami Beach Police Department (NMBPD).
“Today, we have cast a wide net in our ongoing efforts to prosecute the violent offenders, narcotics traffickers and convicted felons who continue to prey on our local communities,” said U.S. Attorney Ferrer. “Our innovative investigative techniques continue to support the identification and apprehension of those who violate the law. Together, the dedicated law enforcement officers, community leaders and concerned citizens who support the Violence Reduction Partnership are taking back our neighborhoods that are plagued by illegal firearms, illicit drugs and crime.”
“The streets are safer and the good people of Miami can sleep a little easier knowing that these armed drug dealers are locked up and their days of peddling cocaine, heroin and dealing violence in our community are over,” said Special Agent in Charge Canino. “Taking armed violent criminals off the streets and putting them behind bars has always been a focus of ATF and our enforcement mission in Florida. I commend the agents and officers who repeatedly risked their lives to remove these violent criminals from poisoning our community. I wish to recognize federal and state law enforcement partners and especially the leadership of U.S. Attorney Wifredo A. Ferrer and his office in the relentless prosecution of armed violent offenders.”
“Through the use of electronic intercepts, law enforcement authorities were able to identify participants in the drug trafficking conspiracy who were located in multiple states and abroad,” said Special Agent in Charge Wright. “DEA remains committed to combatting drug trafficking through our joint efforts with our law enforcement partners.”
“The serious charges these individuals face and the dangerous weapons seized during this investigation demonstrate an egregious and sustained disregard for the law and the safety of our community,” said Acting Director Perez. “I am very proud of the efforts of our detectives and the Violence Reduction Partnership with our federal, state and local allies. This continued collaboration is crucial in a time when we see a prevalence of gun violence in our communities. While the unfortunate correlation between narcotics trafficking and violence is renowned, so is our commitment to stop these acts from occurring.”
“The City of Miami Police Department has proudly teamed with several local and federal agencies, including the U.S. Attorney’s Office for the South District of Florida, to bring to an end an elaborate network responsible for drug trafficking in our community,” said Chief Llanes. “The collaborative efforts of all agencies involved have not only proven that law enforcement’s resolve is active and present in our neighborhoods, but equally apparent is the investigative strength obtained through an unified effort to bring an end to drug trafficking and violence on our streets. It is with great pleasure that we stand along all the agencies present today making a commitment to work together to continue our stand against organized crime and drug trafficking in the South Florida.”
“FDLE is proud to take part in this collaborative effort to make Miami-Dade, Broward and Palm Beach Counties safer,” said Special Agent in Charge Walker “We are dedicated to the Violence Reduction Partnership and look forward to many future initiatives that will further this positive impact on our community.”
“These criminals traversed counties and states in search of opportunities to further their illegal enterprises,” said Sheriff Israel. “The fact that working together law enforcement has identified more than 50 targets shows the commitment and dedication we all have to our residents and the betterment of our communities.”
Today, U.S. Attorney Ferrer, joined by members of federal and local law enforcement agencies announced the most recent results of the VRP initiatives impacting areas throughout the Southern District of Florida, including West Little River, Liberty City, Hialeah, West Miami, Kendall and Miami Gardens.
1. United States v. Hiosbani Garcia, et. al.,
Case No. 16-20038-CR-LENARD
On Jan. 21, 2016, 32 individuals were charged by indictment for their alleged participation in interlocking drug trafficking conspiracies in Miami-Dade County, Florida, primarily the neighborhoods of West Little River, Florida, and Liberty City Florida.
Charged in the 16 count indictment are Hiosbani Garcia aka Hioba, 43, of Miami, Florida, Reinaldo Gomez-Garcia aka Jacobo aka Papi, 33, of Miami, Francisco Garcia aka ‘Frank, 27, of Miami, Luis Prieto Jr. aka Lou, 37, of Miami, Darlene Ondina Mendoza, 32, Miami, Michael Leon Thomas aka Poochie, aka Ghost, 39, of Pembroke Pines, Florida, Arturo Triana, 48, of Miami, Jose Turino, 50, of Kendall, Florida, Emilio Quinones aka Toqui, 30, of Hialeah, Florida, Aldo Cabreja-Olivera aka Pacheco, 43, of Miami, Yubisnel Rolando Rodriguez-Montoya, 34, of Miami, Argelis Casanova-Consuegra, 40, of Miami, Yosvani Alarcon-Esteves, 39, of Hialeah, Jose Mena Callejas, 38, of Miami, Calvin Roger Pearce II, 29, of Miami Gardens, Florida, Richard London, 33, of Miami Gardens, Rickey Lee Pryor Jr., 27, of Miami, Essence Sinque Clervil aka E-Class, 30, of Miami, Wayne Thomas Jr. aka Boobie, 40, of North Miami, Florida, Kenneth Desmond Wright II aka Suge, 36, of Pembroke Pines, Melina Elina Pierre-Louis, 29, of Miami, Harry Kwame Figgers aka Jit, 37, of Miami, Nancy Sue Hechavarria, 27, of Miami, Samuel Lee Wooden, 30, of Fort Pierce, Florida, Bernard Franklin Tucker, 60, of Miami, Damon Lamont McWilliams, 49, of Miami, Joaquin Rodriguez, 60, of Miami, Guillermo Horta-Alvarez, 70, of Miami, Raul Rodriguez, 51, of Miami, Isaac James McCullough, 44, of Miami, Luis Manuel Zafora, 50, of Pembroke Pines, and Alan Kirschman, 62, of Pompano Beach, Florida.
According to allegations contained in court documents, law enforcement began investigating Michael Thomas, a suspected crack-cocaine trafficker operating in Liberty City and West Little River, in the fall of 2014. During the course of the initial investigation, undercover officers purchased approximately 12 ounces of crack cocaine and three firearms from Michael Thomas and his associates. Following the undercover purchases, communications intercepted over court-authorized wiretaps and the parallel law enforcement surveillance operations, uncovered a vast drug trafficking network in South Florida that spanned from multi-kilogram cocaine suppliers down to local crack-cocaine distributors and their associates. Hiosbani Garcia and Gomez-Garcia were identified as two of Michael Thomas’ suppliers. The investigation also identified convicted felons who unlawfully possessed firearms and ammunition, individuals who possessed firearms during the course of drug transactions and individuals who illegally sold firearms.
2. United States v. Joel Diaz Fernandez, et al.
Case No. 16-20050-CR-GAYLES
On Jan. 26, 2016, 20 individuals were indicted for their alleged participation in a Miami based heroin trafficking network that extends from Miami Dade, Broward, and Palm Beach Counties, as well as other United States cities including Atlanta, Georgia, Huntsville, Alabama, Chicago, Illinois, and Dallas, Texas, into Mexico.
Charged in the twelve count indictment are Joel Diaz-Fernandez aka Joe, 47, of Mexico, Crecencio Silverio aka “Chencho,” 35, of Norcross, Georgia, Margarita Barragan-Velez, 27, of Norcross, Georgia, Marco Antonio Zagal-Garcia aka Toño, 27, of Mexico, William Muñoz aka Guillermo, 43, of Chicago, Jehu Aguilar-Hernandez, 34, of Atlanta, Israel Garcia-Gasper, 23, of Atlanta, Sean William Watkins, 43, of Miami, Francisco Quezada Del Pilar aka Frank, of Mexico, Rafael Vega-Diaz aka Rafa, 40, of Mexico, Shelton Lamar Edden aka Twin, 32, of Miami, Jermaine Daniels aka Maine, 30, of Miami Gardens, Morris Ulysses Moore aka “Garbage,” 43, of Miami Gardens, Brett Tyler Ayers aka Ty, 30, of Huntsville, Darrel Prenell Gibbs, aka G, 50, of Orlando, Florida, Jerry Lee Johnson aka Bruh, 29, of Fort Myers, Florida, Victor Lawrence Drayton aka Old School, 54, of Miami, Jethro Pitts aka Uncle Jeth, 67, of Miami, Morris Perez Brown aka Mo, 43, of Miami Gardens, and Tiffany Ebony Knights, 33, of Decatur, Georgia.
According to allegations contained in court filings, beginning in approximately March of 2015, law enforcement began investigating Moore, a local heroin distributor. Over the next three months, law enforcement allegedly conducted seven undercover purchases, for a total of approximately 250 grams of heroin, directly from Moore. The investigation identified Watkins as Moore’s narcotics supplier and wiretaps were initiated on Watkins’ phones. Through wiretap intercepts, law enforcement determined that Watkins negotiated directly with contacts in Mexico for kilograms of heroin, valued at approximately $65,000 per kilogram. Diaz-Fernandez was a primary source of heroin for Watkins. A number of Mexico-based associates supplied Watkins and worked with Diaz-Fernandez’s heroin trafficking network. The heroin was often routed through Atlanta, where Watkins and other associates would purchase the heroin and transport it to Miami for distribution throughout South Florida. Watkins would then break down the heroin and sell smaller quantities to other distributors, who would then distribute the narcotics throughout Miami and elsewhere including Huntsville, Fort Myers and Orlando.
3. United States v. Wayne Cox,
Case No. 16-20034-CR-GAYLES
On Jan. 19, 2016, Wayne Cox, 56, of Miami Gardens, was charged in a five count indictment with unlawfully engaging in the business of dealing in firearms, being a felon in possession of a firearm and knowingly selling the firearms to a convicted felon.
4. United States v. Timothy Nathaniel Brown,
Case No. 16-20033-CR-MORENO
On Jan. 19, 2016, Timothy Brown, 37, of Liberty City, was charged with being a felon in possession of a firearm and ammunition.
5. United States v. Antonio Rossello
Case No. 16-2068-MJ-WHITE
On Jan. 20, 2016, Antonio Rossello, 41, of West Palm Beach, Florida, was charged by complaint with unlicensed dealing in firearms, unlawful possession of a machinegun, possession of an unregistered firearm, the unlawful transfer of a firearm and the unlawful making of a firearm. According to court documents, between on or about Oct. 29, 2015, and Jan. 8, 2016, Rossello, engaged in the repeated, unlawful sale of firearms (including fully-automatic machine guns) and ammunition.
During the course of the above referenced investigations, law enforcement seized 23 firearms and approximately 506 rounds of ammunition, approximately 10 kilograms of powder cocaine, approximately nine kilograms of heroin and approximately 500 grams of crack-cocaine.
If convicted, the defendants face the following maximum possible statutory sentences for their charged offenses: up to life in prison for possession of a firearm or ammunition by a convicted felon; up to life in prison for possessing a firearm in furtherance of drug trafficking, up to 10 years in prison for the unlawful transfer or making of firearms, up to five years in prison for unlicensed dealing in firearms; up to 10 years in prison for unlawful possession of a machinegun; up to 10 years in prison for an unregistered firearm; up to life in prison for conspiring to possess controlled substances with the intent to distribute; and up to life in prison for possession of controlled substances with the intent to distribute.
U.S. Attorney Ferrer thanked the law enforcement agencies, community leaders and social service providers involved in the VRP, the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force and the Organized Crime Drug Enforcement Task Force (OCDETF). U.S. Attorney Ferrer also commended the investigative efforts of ATF, DEA, U.S. Marshals Service’s Fugitive Task Force, MDPD, MPD, Miami Gardens Police Department, FBI, BSO, Pembroke Pines Police Department, FDLE, Palm Beach County Sherriff’s Office and NMBPD. These cases are being prosecuted by Assistant U.S. Attorneys Seth Schlessinger and Cristina Moreno.
An indictment or complaint is only an accusation and a defendant is presumed innocent unless and until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov
U.S. Attorney’s Office Violence Reduction Partnership Results in the Prosecution of 55 Drug Traffickers, Illegal Firearms Dealers and Convicted Felons Targeting Our Local CommunitiesRead the Press Release
Federal, state and local law enforcement officials today announced the filing of federal charges against 55 defendants in five separate cases for their alleged participation in varied criminal conduct, including armed drug trafficking, narcotics conspiracies, illegal firearms sales and firearms violations by convicted felons. The charges are the result of initiatives which stem from the Violence Reduction Partnership (VRP), launched by the U.S. Attorney’s Office in 2011. Through a collaborative partnership, the U.S. Attorney’s Office and its federal and local law enforcement allies have sought to dismantle the most violent criminal networks that plague communities in Miami-Dade, Broward and Palm Beach Counties.
The law enforcement mission is to combat violent crime, narcotics trafficking, gang activity and firearms offenses by prosecuting offenders and working with community leaders and non-profit entities to provide preventive services to the local populations.
The agencies and departments announcing today’s federal cases are each dedicated members of VRP, included: U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida, Special Agent in Charge Carlos A. Canino for the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Miami Field Division, Special Agent in Charge A.D. Wright for the U.S. Drug Enforcement Administration’s (DEA) Miami Field Division, U.S. Marshal Amos Rojas Jr. for the United States Marshals Service’s (USMS) Regional Fugitive Task Force, Acting Director Juan Perez for the Miami-Dade Police Department (MDPD), Chief Rodolfo Llanes for the City of Miami Police Department (MPD), Chief Antonio G. Brooklen for the Miami Gardens Police Department (MGPD), Special Agent in Charge George L. Piro for the Federal Bureau of Investigation’s (FBI) Miami Field Office, Sheriff Scott Israel for the Broward Sheriff’s Office (BSO), Chief Dan Guistino for the Pembroke Pines Police Department, Special Agent in Charge Troy Walker for the Florida Department of Law Enforcement’s (FDLE) Miami Regional Operations Center, Sheriff Ric Bradshaw, for the Palm Beach County Sheriff’s Office (PBSO) and Chief William Hernandez for the North Miami Beach Police Department (NMBPD).
“Today, we have cast a wide net in our ongoing efforts to prosecute the violent offenders, narcotics traffickers and convicted felons who continue to prey on our local communities,” said U.S. Attorney Ferrer. “Our innovative investigative techniques continue to support the identification and apprehension of those who violate the law. Together, the dedicated law enforcement officers, community leaders and concerned citizens who support the Violence Reduction Partnership are taking back our neighborhoods that are plagued by illegal firearms, illicit drugs and crime.”
“The streets are safer and the good people of Miami can sleep a little easier knowing that these armed drug dealers are locked up and their days of peddling cocaine, heroin and dealing violence in our community are over,” said Special Agent in Charge Canino. “Taking armed violent criminals off the streets and putting them behind bars has always been a focus of ATF and our enforcement mission in Florida. I commend the agents and officers who repeatedly risked their lives to remove these violent criminals from poisoning our community. I wish to recognize federal and state law enforcement partners and especially the leadership of U.S. Attorney Wifredo A. Ferrer and his office in the relentless prosecution of armed violent offenders.”
“Through the use of electronic intercepts, law enforcement authorities were able to identify participants in the drug trafficking conspiracy who were located in multiple states and abroad,” said Special Agent in Charge Wright. “DEA remains committed to combatting drug trafficking through our joint efforts with our law enforcement partners.”
“The serious charges these individuals face and the dangerous weapons seized during this investigation demonstrate an egregious and sustained disregard for the law and the safety of our community,” said Acting Director Perez “I am very proud of the efforts of our detectives and the Violence Reduction Partnership with our federal, state and local allies. This continued collaboration is crucial in a time when we see a prevalence of gun violence in our communities. While the unfortunate correlation between narcotics trafficking and violence is renowned, so is our commitment to stop these acts from occurring.”
“The City of Miami Police Department has proudly teamed with several local and federal agencies, including the U.S. Attorney’s Office for the South District of Florida, to bring to an end an elaborate network responsible for drug trafficking in our community,” said Chief Llanes. “The collaborative efforts of all agencies involved have not only proven that law enforcement’s resolve is active and present in our neighborhoods, but equally apparent is the investigative strength obtained through an unified effort to bring an end to drug trafficking and violence on our streets. It is with great pleasure that we stand along all the agencies present today making a commitment to work together to continue our stand against organized crime and drug trafficking in the South Florida.”
“FDLE is proud to take part in this collaborative effort to make Miami-Dade, Broward and Palm Beach Counties safer,” said Special Agent in Charge Walker “We are dedicated to the Violence Reduction Partnership and look forward to many future initiatives that will further this positive impact on our community.”
“These criminals traversed counties and states in search of opportunities to further their illegal enterprises,” said Sheriff Israel. “The fact that working together law enforcement has identified more than 50 targets shows the commitment and dedication we all have to our residents and the betterment of our communities.”
Today, U.S. Attorney Ferrer, joined by members of federal and local law enforcement agencies announced the most recent results of the VRP initiatives impacting areas throughout the Southern District of Florida, includingWest Little River, Liberty City, Hialeah, West Miami, Kendall and Miami Gardens.
1. United States v. Hiosbani Garcia, et. al., Case No. 16-20038-CR-LENARD
On Jan. 21, 2016, 32 individuals were charged by indictment for their alleged participation in interlocking drug trafficking conspiracies in Miami-Dade County, Florida, primarily the neighborhoods of West Little River, Florida, and Liberty City Florida.
Charged in the 16 count indictment are Hiosbani Garcia aka Hioba, 43, of Miami, Florida, Reinaldo Gomez-Garcia aka Jacobo aka Papi, 33, of Miami, Francisco Garcia aka ‘Frank, 27, of Miami, Luis Prieto Jr. aka Lou, 37, of Miami, Darlene Ondina Mendoza, 32, Miami, Michael Leon Thomas aka Poochie, aka Ghost, 39, of Pembroke Pines, Florida, Arturo Triana, 48, of Miami, Jose Turino, 50, of Kendall, Florida, Emilio Quinones aka Toqui, 30, of Hialeah, Florida, Aldo Cabreja-Olivera aka Pacheco, 43, of Miami, Yubisnel Rolando Rodriguez-Montoya, 34, of Miami, Argelis Casanova-Consuegra, 40, of Miami, Yosvani Alarcon-Esteves, 39, of Hialeah, Jose Mena Callejas, 38, of Miami, Calvin Roger Pearce II, 29, of Miami Gardens, Florida, Richard London, 33, of Miami Gardens, Rickey Lee Pryor Jr., 27, of Miami, Essence Sinque Clervil aka E-Class, 30, of Miami, Wayne Thomas Jr. aka Boobie, 40, of North Miami, Florida, Kenneth Desmond Wright II aka Suge, 36, of Pembroke Pines, Melina Elina Pierre-Louis, 29, of Miami, Harry Kwame Figgers aka Jit, 37, of Miami, Nancy Sue Hechavarria, 27, of Miami, Samuel Lee Wooden, 30, of Fort Pierce, Florida, Bernard Franklin Tucker, 60, of Miami, Damon Lamont McWilliams, 49, of Miami, Joaquin Rodriguez, 60, of Miami, Guillermo Horta-Alvarez, 70, of Miami, Raul Rodriguez, 51, of Miami, Isaac James McCullough, 44, of Miami, Luis Manuel Zafora, 50, of Pembroke Pines, and Alan Kirschman, 62, of Pompano Beach, Florida.
According to allegations contained in court documents, law enforcement began investigating Michael Thomas, a suspected crack-cocaine trafficker operating in Liberty City and West Little River, in the fall of 2014. During the course of the initial investigation, undercover officers purchased approximately 12 ounces of crack cocaine and three firearms from Michael Thomas and his associates. Following the undercover purchases, communications intercepted over court-authorized wiretaps and the parallel law enforcement surveillance operations, uncovered a vast drug trafficking network in South Florida that spanned from multi-kilogram cocaine suppliers down to local crack-cocaine distributors and their associates. Hiosbani Garcia and Gomez-Garcia were identified as two of Michael Thomas’ suppliers. The investigation also identified convicted felons who unlawfully possessed firearms and ammunition, individuals who possessed firearms during the course of drug transactions and individuals who illegally sold firearms.
2. United States v. Joel Diaz Fernandez, et al.
Case. No. 16-20050-CR-GAYLESOn Jan. 26, 2016, 20 individuals were indicted for their alleged participation in a Miami based heroin trafficking network that extends from Miami Dade, Broward, and Palm Beach Counties, as well as other United States cities including Atlanta, Georgia, Huntsville, Alabama, Chicago, Illinois, and Dallas, Texas, into Mexico.
Charged in the twelve count indictment are Joel Diaz-Fernandez aka Joe, 47, of Mexico, Crecencio Silverio aka “Chencho,” 35, of Norcross, Georgia, Margarita Barragan-Velez, 27, of Norcross, Georgia, Marco Antonio Zagal-Garcia aka Toño, 27, of Mexico, William Muñoz aka Guillermo, 43, of Chicago, Jehu Aguilar-Hernandez, 34, of Atlanta, Israel Garcia-Gasper, 23, of Atlanta, Sean William Watkins, 43, of Miami, Francisco Quezada Del Pilar aka Frank, of Mexico, Rafael Vega-Diaz aka Rafa, 40, of Mexico, Shelton Lamar Edden aka Twin, 32, of Miami, Jermaine Daniels aka Maine, 30, of Miami Gardens, Morris Ulysses Moore aka “Garbage,” 43, of Miami Gardens, Brett Tyler Ayers aka Ty, 30, of Huntsville, Darrel Prenell Gibbs, aka G, 50, of Orlando, Florida, Jerry Lee Johnson aka Bruh, 29, of Fort Myers, Florida, Victor Lawrence Drayton aka Old School, 54, of Miami, Jethro Pitts aka Uncle Jeth, 67, of Miami, Morris Perez Brown aka Mo, 43, of Miami Gardens, and Tiffany Ebony Knights, 33, of Decatur, Georgia.
According to allegations contained in court filings, beginning in approximately March of 2015, law enforcement began investigating Moore, a local heroin distributor. Over the next three months, law enforcement allegedly conducted seven undercover purchases, for a total of approximately 250 grams of heroin, directly from Moore. The investigation identified Watkins as Moore’s narcotics supplier and wiretaps were initiated on Watkins’ phones. Through wiretap intercepts, law enforcement determined that Watkins negotiated directly with contacts in Mexico for kilograms of heroin, valued at approximately $65,000 per kilogram. Diaz-Fernandez was a primary source of heroin for Watkins. A number of Mexico-based associates supplied Watkins and worked with Diaz-Fernandez’s heroin trafficking network. The heroin was often routed through Atlanta, where Watkins and other associates would purchase the heroin and transport it to Miami for distribution throughout South Florida. Watkins would then break down the heroin and sell smaller quantities to other distributors, who would then distribute the narcotics throughout Miami and elsewhere including Huntsville, Fort Myers and Orlando.
3. United States v. Wayne Cox, Case No. 16-20034-CR-GAYLES
On Jan. 19, 2016, Wayne Cox, 56, of Miami Gardens, was charged in a five count indictment with unlawfully engaging in the business of dealing in firearms, being a felon in possession of a firearm and knowingly selling the firearms to a convicted felon.
4. United States v. Timothy Nathaniel Brown, Case. No. 16-20033-CR-MORENO
On Jan. 19, 2016, Timothy Brown, 37, of Liberty City, was charged with being a felon in possession of a firearm and ammunition.
5. United States v. Antonio Rossello
Case. No. 16-2068-MJ- WHITEOn Jan. 20, 2016, Antonio Rossello, 41, of West Palm Beach, Florida, was charged by complaint with unlicensed dealing in firearms, unlawful possession of a machinegun, possession of an unregistered firearm, the unlawful transfer of a firearm and the unlawful making of a firearm. According to court documents, between on or about Oct. 29, 2015, and Jan. 8, 2016, Rossello, engaged in the repeated, unlawful sale of firearms (including fully-automatic machine guns) and ammunition.
During the course of the above referenced investigations, law enforcement seized 23 firearms and approximately 506 rounds of ammunition, approximately 10 kilograms of powder cocaine, approximately nine kilograms of heroin and approximately 500 grams of crack-cocaine.
If convicted, the defendants face the following maximum possible statutory sentences for their charged offenses: up to life in prison for possession of a firearm or ammunition by a convicted felon; up to life in prison for possessing a firearm in furtherance of drug trafficking, up to 10 years in prison for the unlawful transfer or making of firearms, up to five years in prison for unlicensed dealing in firearms; up to 10 years in prison for unlawful possession of a machinegun; up to 10 years in prison for an unregistered firearm; up to life in prison for conspiring to possess controlled substances with the intent to distribute; and up to life in prison for possession of controlled substances with the intent to distribute.
U.S. Attorney Ferrer thanked the law enforcement agencies, community leaders and social service providers involved in the VRP, the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force and the Organized Crime Drug Enforcement Task Force (OCDETF). U.S. Attorney Ferrer also commended the investigative efforts of ATF, DEA, U.S. Marshals Service’s Fugitive Task Force, MDPD, MPD, Miami Gardens Police Department, FBI, BSO, Pembroke Pines Police Department, FDLE, Palm Beach County Sherriff’s Office and NMBPD. These cases are being prosecuted by Assistant U.S. Attorneys Seth Schlessinger and Cristina Moreno.
An indictment or complaint is only an accusation and a defendant is presumed innocent unless and until proven guilty.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Tampa Men Sentenced for Tax Fraud and Identity Theft ConspiracyRead the Press Release
Tampa, FL – U.S. District Judge Virginia M. Hernandez Covington today sentenced Kareem Spann and Cedrick Brown to 7 years, and 10 years and 4 months, in federal prison, respectively, for theft of government property and identity theft stemming from their involvement in a Stolen Identity Refund Fraud (SIRF) conspiracy. The Court also entered a money judgment in the amount of $412,758.84, the amount of the proceeds of the criminal conduct.
Spann pleaded guilty on October 7, 2015, and Brown pleaded guilty on October 14, 2015.
According to court documents, Spann, Brown and others engaged in a conspiracy and scheme to steal identities, file fraudulent federal income tax returns, obtain tax refunds in the names of the identity theft victims, and share in the proceeds. On September 7, 2013, Tampa Police Department officers went to a Tampa residence in an attempt to locate suspects related to a shooting investigation. At the residence, officers recovered ammunition, H&R Block prepaid/reloadable debit cards, a backpack containing more than 20 prepaid or reloadable debit cards, and paperwork listing numerous names and Social Security numbers (“PII”). Both Spann’s and Brown’s fingerprints were found on multiple pages of a notebook containing PII found inside the backpack. The investigators also seized computers and tables that had been used to electronically file federal income tax returns.
The next day, Spann was identified as the driver of a parked car, along with Brown and others, in front of the same Tampa residence. A search of the car revealed a piece of paper with a list of names and Social Security numbers, which appeared to be a printout of medical records. An H&R Block prepaid card was also recovered, along with a loaded Glock handgun, a 30-round magazine, loose marijuana, $1036 in cash from an occupant, and five cellular smart phones. Further investigation revealed that Spann, Brown, and their co-conspirators had used the debit cards at various locations.
The Internal Revenue Service determined that these conspirators and others had filed fraudulent tax returns for the 2011 and 2012 tax years, claiming refunds totaling $2,317,095 and receiving refunds in the amount of $412,326.42. The conspirators used the stolen PII of over 250 victims.
This case was investigated by the Tampa Police Department and the Internal Revenue Service - Criminal Investigations. It was prosecuted by Assistant United States Attorney Mandy Riedel.
Two Men Charged with Conspiring to Illegally Export TurtlesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC COTTRELL, age 44, of Minden, Louisiana, and RAYMOND CHIU, age 72, of Foster City, California, were charged today in a three-count Indictment with conspiracy (18 U.S.C. § 371), violations of the Lacey Act (16 U.S.C. § 3372), and smuggling goods from the United States (18 U.S.C. § 554).
According to court records, from March 25, 2015 through the present, COTTRELL and CHIU conspired to purchase and smuggle unpermitted turtles, including Diamondback Terrapins. Both men were arrested earlier this month and were released on bond.
If convicted, the maximum penalty as to the Lacey Act and conspiracy charges are five years imprisonment, a $250,000 fine, and a three year term of supervised release. The maximum penalties as to the smuggling charge are ten years imprisonment, a $250,000 fine, and a three year term of supervised release.
U. S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the U.S. Fish and Wildlife Service and Homeland Security Investigations in investigating this matter. Assistant United States Attorney Gregory M. Kennedy is in charge of the prosecution.
Two Individuals Plead Guilty to Bank Robbery ChargesRead the Press Release
PROVIDENCE, R.I. – Two individuals are scheduled to be sentenced in U.S. District Court in Providence on May 3, 2016, having pleaded guilty this week to bank robbery charges, announced United States Attorney Peter F. Neronha.
On Tuesday, Trevor Krous Gaskell, 35, of Warren, appeared before U.S. District Court Judge John J. McConnell, Jr., and pleaded guilty to two counts of bank robbery. Gaskell admitted to the court that on January 17, 2013, he robbed a branch office of Washington Trust Bank in Cranston of $4,995, and that on April 29, 2013, he robbed a branch office of Bank of Newport in Warren of between $2,000 and $3,000. In both instances, Gaskell admitted to the court that he handed bank tellers notes demanding cash, instructing them not to include dye packs or GPS trackers with the cash. No weapon was shown.
According to information presented to the court, Gaskell was previously convicted in Massachusetts state court of robbing a bank in Swansea on January 11, 2013.
In a separate matter, appearing today before U.S. District Court Judge John J. McConnell, Jr., Dennis Wilson, 44, of Waterbury, CT., pleaded guilty to one count of armed bank robbery. Wilson admitted to the court that on January 25, 2010, he robbed the Wave Federal Credit Union in Warwick of $16,126.50, while brandishing a firearm. According to information presented to the court, Wilson later admitted to FBI agents that he brandished a BB gun during the robbery.
According to information presented to the court, Wilson was previously convicted of robbing banks in New York and Connecticut.
Both men are detained in federal custody.
The cases are being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The bank robberies committed by Trevor Krous Gaskell were investigated by the FBI, and the Cranston and Warren Police Departments. The bank robbery committed by Dennis Wilson was investigated by the FBI and the Warwick Police Department.
###
Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Two Charged with Unlawful Distribution of Suboxone and XanaxRead the Press Release
PITTSBURGH - A resident of Uniontown, Pennsylvania and a resident of Allison Park, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on multiple charges of distribution and dispensing of Schedule III and Schedule IV controlled substances, and conspiracy, United States Attorney David J. Hickton announced today.
The 237-count indictment, returned on Jan. 26, named Dr. Dominic W. DiLeo, 67, of Uniontown, Pennsylvania and Rosalind Sugarmann, 61, of Allison Park, Pennsylvania as the defendants.
According to the indictment, between January of 2013 and November of 2015, Dr. DiLeo and Sugarmann unlawfully dispensed or distributed Suboxone or Xanax on over 200 occasions to Sugarmann and to two other persons whose names were not set forth in the Indictment.
The law provides for a maximum total sentence of 10 years in prison for each instance in which Suboxone was distributed and five years for each instance in which Xanax was distributed, plus a maximum fine of $250,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorneys Shaun E. Sweeney and Stephen R. Kaufman are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Drug Enforcement Agency, U.S. Department of Health and Human Service, Office of Inspector General, Internal Revenue Service – Criminal Investigation, and the Pennsylvania Office of Attorney General conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Buffalo Men Indicted, Charged with Gun and Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-U.S. Attorney William J. Hochul Jr. announced today that a federal grand jury has returned a nine count indictment charging Jay Neal, 37, and Quashawn Lawrence, 25, both of Buffalo, NY, with conspiracy to possess with intent to distribute 100 grams or more heroin and crack cocaine, possession with intent to distribute, and distribution of, heroin, possession of heroin and crack cocaine with intent to distribute, maintaining a drug involved premises, possession of a firearm in furtherance of drug trafficking activity, being a felon in possession of a firearm, and possession of a defaced firearm. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of 45 years, and a $5,000,000.Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and a previously filed complaint, on October 20, 2015, Neal sold a quantity of heroin. The following day, on October 21, 2015, Neal once again agreed to sell a quantity of heroin. The defendant left the meeting location and drove to the vicinity of Dodge St. and Michigan Ave. where a man later identified as defendant Lawrence exited a residence with a tan back pack and entered Neal’s vehicle.
Neal then drove to a residence at 87 Mariner St. in Buffalo. About an hour later, Neal and Lawrence were arrested by police. At the time of his arrest, Neal was armed with a 9mm handgun and had $10,000 in United States currency. Lawrence was in possession of a quantity of crack cocaine. A search warrant executed inside 87 Mariner recovered a gun inside Lawrence’s tan back pack, and another gun, ammunition, 10 grams of heroin inside a dresser drawer, and multiple scales.
The defendants will be arraigned on February 2 and February 3, 2016 at 10:30am before U.S. Magistrate Judge H. Kenneth Schroeder.The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the Erie County Sheriff’s Department, under the direction of Timothy Howard.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Three Drug Traffickers Sentenced to at Least 10 Years in PrisonRead the Press Release
CHARLOTTE, N.C. – Three drug traffickers were sentenced to 10 years or more, for their involvement in two separate Organized Crime Drug Enforcement Task Force (OCDETF) investigations, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Rose is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI); Nick Annan, Special Agent in Charge of ICE’s Homeland Security Investigations (HIS) in Atlanta and the Carolinas; Chief Robert C. Helton of the Gastonia Police Department (GPD); and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department (CMPD).
Those sentenced by U.S. District Judge Robert J. Conrad, Jr. are:
-
Pablo Munoz, 32, of Asheboro, N.C. was sentenced to 120 months, followed by five years of supervised release, for trafficking between 15 and 50 kilograms of cocaine.
-
Don C. Hill, 41, of Gastonia, was sentenced to 132 months, followed by five years of supervised release, for trafficking between 10 and 30 ounces of crack cocaine.
-
Roberto Mendoza, 28, of South El Monte, California, was sentenced to 121 months, followed by five years of supervised release, for trafficking one to three tons of marijuana.
OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Munoz and Hill are part of an OCDETF investigation codenamed “Fox Run,” which has resulted in the conviction of more than 40 defendants on cocaine and crack cocaine trafficking, money laundering, and firearms charges. The investigation is led by the FBI, HSI, and GPD, with assistance from the North Carolina State Bureau of Investigation, CMPD, Randolph County Sheriff’s Office, Asheboro Police Department, and North Carolina State Highway Patrol.
Mendoza is part of OCDETF “Goldilocks,” which has resulted in the conviction of more than 65 defendants on marijuana trafficking, money laundering, and firearms charges, which is being led by HSI and CMPD, with assistance from the United States Marshals Service, Pineville Police Department, Cornelius Police Department, Mooresville Police Department, North Carolina Department of Alcohol Law Enforcement, and Los Angeles Sheriff’s Office.
The ongoing investigation and prosecution for the government in both OCDETF investigations is being handled by Assistant U.S. Attorney Steven R. Kaufman of the U.S. Attorney’s Office in Charlotte.
-
Three Charged with Distributing Heroin and Fentanyl That Resulted in Two DeathsRead the Press Release
PITTSBURGH – Three western Pennsylvania men have been indicted by a federal grand jury in Pittsburgh for heroin and fentanyl trafficking resulting in serious bodily injury and deaths, United States Attorney David J. Hickton announced today.
The indictment charges Andre Higgs, 32 of Pittsburgh, Pa., Romar Watts, 34 of Homestead, Pa., and Brian Borruto, 40 of Ebensburg, Pa., with conspiring to distribute and distributing at least one kilogram of heroin and a quantity of fentanyl that resulted in the deaths of at least two people in March and April 2015. The indictment also charges Higgs with heroin trafficking on four additional occasions between February 2015 and November 2015.
The law provides for a maximum total sentence of at least 20 years and up to life in prison. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal histories, if any, of the defendants.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Federal Bureau of Investigation, the Pennsylvania State Police, the Pennsylvania Attorney General’s Office, the Munhall Police Department, the Allegheny County Police Department, the United States Marshals Service, the Allegheny County Medical Examiner’s Office, and the Cambria County Coroner’s Office conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Third Gainesville Defendant Convicted in Child Sex Trafficking CaseRead the Press Release
GAINESVILLE, FLORIDA – Tawanda LaKaye Burkett, 40, was convicted today of sex trafficking of a minor. Codefendant Hal Bernard Black, 21, pled guilty on November 5, 2015, and was sentenced on January 25, 2016, to 135 months in prison. Codefendant Ranell Carter Jr., 25, pled guilty on October 19, 2015, and is scheduled to be sentenced on February 23, 2016, at 10:30 a.m. at the United States Courthouse in Gainesville. The verdict and sentence were announced by Christopher P. Canova, Acting United States Attorney for the Northern District of Florida.
At trial, the government presented evidence that, in August 2014, Burkett, Black, and Carter, all of Gainesville, Florida, were involved in a scheme to make money using a 15-year-old girl to perform sex acts. The defendants posted the victim’s photo in an online advertisement in a website section for “escort services.” The true purpose of the advertisement was to offer the victim for commercial sexual activity. The defendants also provided the victim with a cellular telephone so that “clients” could contact her. When the “clients” responded to the advertisements, Burkett, Black, and Carter transported the victim to private residences and hotels for sexual activity. The defendants shared the proceeds of the victim’s commercial sex acts.
This case resulted from investigations by the Federal Bureau of Investigation, the Florida Department of Law Enforcement, the Gainesville Police Department, and the Alachua County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Frank Williams.
Burkett and Carter each face a minimum of 10 years to life in prison. Burkett’s sentencing hearing will be scheduled for a date to be determined at the United States Courthouse in Gainesville, Florida.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. The office strives to protect and serve the citizens of the Northern District of Florida through the ethical, vigorous, and impartial enforcement of the laws of the United States, to defend the national security, to improve the safety and quality of life in our communities through the protection of civil rights, and to protect the public funds and financial assets of the United States. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact: Amy Alexander, Public Information Officer
(850) 216-3854, [email protected]Temple Hills Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
Greenbelt, Maryland – Arthur Charles Clements, age 57, of Temple Hills, Maryland, pleaded guilty today to receiving child pornography.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); and Colonel William M. Pallozzi, Superintendent of the Maryland State Police.
According to Clements’ plea agreement, on April 8, 2015, the National Center for Missing and Exploited Children (NCMEC) received a report of suspected child pornography from Microsoft after Clements uploaded an image depicting children engaged in sexually explicit conduct to his One Drive account. NCMEC referred the report to the Maryland State Police and on July 24, 2015, Maryland State Police Troopers and Special Agents from HSI executed a search warrant at Clements’ residence. Law enforcement seized a laptop computer that contained from than 1,900 videos and 1,100 images of child pornography, including images and videos depicting sadistic or masochistic conduct and other depictions of violence performed on prepubescent children. Forensic analysis of Clements’ digital media revealed that Clements received child pornography via Skype, including a video received on March 25, 2015.
Clements waived his rights and agreed to be interviewed by law enforcement. During the interview Clements admitted that he downloaded and distributed child pornography and had been watching child pornography for approximately seven years. Clements also admitted chatting via Skype for at least six months with an adult male living in another state who was sexually abusing a nine year old girl. Clements admitted to watching live sexual conduct between the adult male and girl. Clements had at least 34 videos and 25 images documenting the sexual abuse of the minor female saved on his laptop computer, including the video received on March 25, 2015, described above.
Within 12 days, Special Agents with HSI identified and arrested the individual with whom Clements chatted via Skype, Joshua Logan Thornton, age 31, of Wynne, Arkansas. The child was rescued. Thornton pleaded guilty to one count of production of child pornography in the Eastern District of Arkansas on November 28, 2015, and is scheduled to be sentenced on February 18, 2016, in U.S. District Court in Little Rock, Arkansas.
In 2007, Clements was convicted of indecent exposure in St. Mary’s County Circuit Court stemming from images and videos he sent to teenaged girl.
As part of his plea agreement, Clements must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
Clements faces a minimum mandatory sentence of five years in prison and a maximum of 20 years in prison for receiving child pornography. U.S. District Judge George J. Hazel has scheduled sentencing for June 1, 2016 at 9:00 a.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended HSI Baltimore and Maryland State Police for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Kristi N. O’Malley and Special Assistant U.S. Attorney Sumon Dantiki, who prosecuted the case.
Tampa Man Convicted of Tax FraudRead the Press Release
Tampa, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury yesterday found Frazier Williams, Jr. guilty of willfully aiding and assisting in the preparation and presentation of a tax return, which he knew to be false and fraudulent. Williams faces a maximum penalty of three years in federal prison. His sentencing hearing is scheduled for April 14, 2016. Williams was indicted on February 10, 2015.
According to evidence presented at trial, Williams, an officer of Aztech Energy Corporation, assisted in the preparation of a federal corporate income tax return for Aztech that fraudulently inflated the amount of fuel tax credits the corporation was entitled to by more than $2 million.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Robert A. Mosakowski.
Spokane Woman Sentenced to Fifteen Years in Federal Prison for Her Role in Violent Drug Trafficking OrganizationRead the Press Release
Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Aarayana Leigh Malcolm, age 46, of Spokane, Washington, was sentenced after having previously pled guilty on October 24, 2014 to Possession with Intent to Distribute 50 Grams or More of Pure Methamphetamine. United States District Court Judge Thomas O. Rice sentenced Malcolm to a fifteen year term of imprisonment, to be followed by a ten year term of court supervision after her release from Federal prison.
According to information disclosed during the court proceedings, on June 29, 2013, an improvised explosive device was detonated under a vehicle parked in the 5800 block of North Monroe in Spokane, Washington. This led to an investigation by the BAT&E, the FBI, and the Spokane Police Department. The BATF&E became the lead investigative agency and subsequently discovered a connection to Malcolm. While initially seeming unrelated, a towing company had contacted the Spokane Police Department after discovering over 340 grams of pure methamphetamine and approximately 50 grams of black tar heroin in a vehicle Malcolm had been driving. However, with additional assistance from the DEA, agents discovered that Malcolm was a leader of a drug trafficking organization that distributed multiple-pound-quantities of methamphetamine and heroin on a weekly basis during the first six months of 2013. The overall investigation resulted in the resolution of three drive-by shootings where two people were shot, which shootings were linked to members of Malcolm’s drug trafficking organization.
In addition to Malcolm’s conviction, seven other individuals associated with Malcolm’s drug trafficking organization were convicted and sentenced in the Eastern District of Washington, as a result of this lengthy investigation. These others include:
Siaosilepelenise L.TUAIMALO, age 34, of Spokane, Washington, who plead guilty to Conspiracy to Possess with Intent to Distribute 50 Grams or More of Pure Methamphetamine on November 2, 2015 and was sentenced to a fifteen year term of imprisonment by United States District Court Judge Thomas O. Rice on January 6, 2016. Daniel C. VILLALOBOS, age 36, of Spokane, Washington, who plead guilty to Possession with Intent to Distribute 50 Grams or More of Pure Methamphetamine on November 2, 2015 and was sentenced to a twelve year term of imprisonment by United States District Court Judge Thomas O. Rice on January 12, 2016.
Robert William SHOWERS, age 47, of Spokane, Washington, plead guilty to being a Felon in Possession of Explosives on April 15, 2014 and was sentenced to a four year term of imprisonment by Chief United States District Rosanna Malouf Peterson on October 8, 2015.
Adam HANKINS, age 48, of Spokane, Washington, plead guilty to being a Felon in Possession of Explosives on June 20, 2014 and was sentenced to a three year term of imprisonment by Senior United States District Judge Justin L. Quackenbush on November 18, 2014.
Adam T. LAYTON, age 22, of Spokane, Washington, plead guilty to being a Felon in Possession of a Firearm on March 20, 2014 and was sentenced to a thirty month term of imprisonment by United States District Court Judge Thomas O. Rice on March 18, 2015.
Nanukayet C. FINLEY, age 25, of Spokane, Washington plead guilty to being a Felon in Possession of Firearms on January 19, 2014 and was sentenced to a six month term of imprisonment by Chief United States District Rosanna Malouf Peterson on October 8, 2015.
Ella J. CLAASSEN, age 42, of Spokane, Washington, plead guilty to Misprision of a Felony on October 18, 2013 and was sentenced to a six month term of imprisonment by Chief United States District Rosanna Malouf Peterson on September 27, 2015.
Michael C. Ormsby stated: “This investigation is yet another example of the strong working partnership among the Federal and local law enforcement agencies in the Eastern District of Washington. I commend the tireless efforts of the law enforcement personnel involved in this investigation. Their dedication to the mission of keeping our communities safe cannot be understated.”
Douglas R. Dawson, Special Agent in Charge of the BATF&E, stated: "This investigation is a strong example of ATF's commitment to work alongside our law enforcement partners holding responsible those subjects who threaten the safety of our community."
This investigation was an Organized Crime Drug Enforcement Task Force case investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Spokane Police Department. The cases were prosecuted by Earl A Hicks and Matthew F. Duggan, with assistance from Criminal Division Chief Aine Ahmed, each of whom are Assistant United States Attorneys for the Eastern District of Washington.
Spirit Lake Man Sentenced for Aggravated Sexual Abuse of a MinorRead the Press Release
FARGO - U. S. Attorney Christopher C. Myers announced that on Jan. 28, 2016, Jay Littlewind Sr., 41, Tokio, North Dakota, was sentenced before U. S. District Judge Ralph R. Erickson to serve 30 years in prison for Aggravated Sexual Abuse of a Child. Judge Erickson also ordered Littlewind to serve 5 years of supervised release and to pay a special assessment of $100 to the Crime Victims Fund. On October 5, 2015, Littlewind was found guilty after a three-day jury trial.
Evidence presented at trial showed that on or about Jan. 25, 2008, through Feb. 13, 2008, Littlewind committed a sexual act on a child as she lay sleeping in her mother’s bed; her mother was at work at the time of the offense. The jury found that Littlewind knowingly engaged in a sexual act with a child who had not attained the age of 12 years.
This case was investigated by the Federal Bureau of Investigations.
Assistant U. S. Attorney Janice Morley prosecuted the case.
South Glens Falls Woman Indicted for Social Security FraudRead the Press Release
ALBANY, NEW YORK – Roberta L. Rivers, age 57, of South Glens Falls, New York, was arraigned yesterday on an indictment accusing her of stealing $112,000 in benefits from the Social Security Administration (SSA).
The announcement was made by United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent-In-Charge of the SSA Office of the Inspector General.
Rivers is charged with theft of government property, Supplemental Security Income (SSI) fraud, and Social Security fraud. The indictment alleges that Rivers, while collecting SSI and survivors insurance benefits, concealed and failed to disclose that she had been remarried and resided with her new husband, a fact that she knew would disqualify her from receiving benefits.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Rivers faces up to 5 years of imprisonment and a $250,000 fine if convicted. Actual sentences are typically less than the maximum penalties. Sentences are imposed by a judge based on the U.S. Sentencing Guidelines and other statutory factors.
Rivers, who was indicted on January 20, 2016, was arraigned yesterday before U.S. Magistrate Judge Daniel J. Stewart. She was released on a bond pending a trial scheduled for March 28, 2016 before Senior U.S. District Judge Gary L. Sharpe.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Six Vice Lords Plead Guilty to RICO Conspiracy and Gang-Related ShootingsRead the Press Release
DETROIT – Six members of the Vice Lords street gang pleaded guilty this week to racketeering and firearms offenses for their roles in the shootings of four members of a family. The guilty pleas are the result of the collaborative efforts of law enforcement and the community to reduce homicide and other violent crime under the Detroit One program. The announcement was made by U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Detroit Mayor Mike Duggan, Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Chief James Craig of the Detroit Police Department. In 2015, Antonio Clark, Aramis Wilson, Tyrone Price, Jonathan Kinchen, Kojuan Lee, Kirshean Nelson, Dion Robinson and Kenneth Smith, were indicted on charges of RICO conspiracy and other racketeering and firearms charges relating to the May 7, 2015, gang-related shooting of four members of a family. The indictment charges that, from 2011 through 2015, the defendants trafficked in controlled substances, including marijuana, Xanax, and ecstasy, at locations around the Detroit metropolitan area, including in Detroit and at Northland Mall in Southfield, Michigan. According to the indictment, the Vice Lords is a national gang engaged in a variety of crimes, including murder, robbery, narcotics trafficking and witness intimidation. The indictment alleges that the Vice Lords’ leaders are located in Chicago and Detroit, and that the gang is broken down into various “sets,” “decks,” or “branches,” including the Detroit-based Traveling Vice Lords, Insane Vice Lords, Imperial Insane Vice Lords, Conservative Vice Lords, and Mafia Insane Vice Lords. The indictment further alleges that members who seek to leave or withdraw from the gang often endure a physical beating, known as a “beat out,” by multiple Vice Lord members, or are targeted for killing, known as a “green light.” According to court documents, leading up to the May 7, 2015 shooting, members of the Vice Lords, acting at the direction of Kenneth Smith and others, searched for two brothers that had left, or had attempted to leave, the Vice Lords, as part of a plan to harm those individuals. On May 7, 2015, Vice Lords members Antonio Clark, Aramis Wilson, Tyrone Price, Jonathan Kinchen, Kojuan Lee, Kirshean Nelson, and Dion Robinson, traveled together to the intended victims’ house in multiple cars. These Vice Lord members first met at Kenneth Smith’s house to discuss their plans. They gathered firearms, including an AK-47 assault rifle, to assist in their plans. After a brief confrontation with family members, Clark opened fire with an AK-47 hitting four victims. The indictment charged these Vice Lords members with aiding and abetting one another in the shooting of the four family members after firing more than two dozen times at the family. All four victims suffered gunshot wounds, but are recovering. On January 25, 2016, Aramis Wilson, aka “Ace,” 25, of Detroit, pleaded guilty to two counts of Assault with a Dangerous Weapon in Aid of Racketeering, and one count of Use and Carry of a Firearm During, and in Relation to, a Crime of Violence. The firearm charge carries a mandatory minimum sentence of ten years in prison. On Tuesday, January 26, 2016, Kirshean Nelson, 19, of Detroit, pleaded guilty to one count of RICO conspiracy. On Wednesday, January 27, 2016, Antonio Clark, aka “Cheeto,” 26, of Detroit, pleaded guilty to two counts of Attempted Murder in Aid of Racketeering, and one count of Use and Carry of a Firearm During, and in Relation to, a Crime of Violence. The firearm charge carries a mandatory minimum sentence of ten years in prison. On Thursday, January 25, 2016, Kojuan Lee, aka “Juan,” 20, of Detroit, and Jonathan Kinchen, aka “Deago,” 22, of Detroit, each pleaded guilty to one count of RICO conspiracy. Also on Thursday, Tyrone Price, aka “Price,” 27, of Detroit, pleaded guilty to two counts of Assault with a Dangerous Weapon in Aid of Racketeering, and one count of Use and Carry of a Firearm During, and in Relation to, a Crime of Violence. The firearm charge carries a mandatory minimum sentence of ten years in prison. Dion Robinson is expected to plead guilty next week on certain charges. Kenneth Smith is currently a fugitive. Anyone with any information about Smith’s whereabouts is encouraged to call 313-234-5656. “The Detroit One partnership is focusing our efforts on combating gang violence,” McQuade said. “Gang members should take note that these recent cases demonstrate that the Detroit One strategy is permitting us to address gang violence with swift action and strong penalties. If any individual wants to leave gang life, we are here to help them do that safely.” "The significant arrests and prosecutions made by Detroit One make certain that the citizens of Detroit and the region can once again start to feel safe in their communities" said Chief James Craig. "We will maintain our focus and remain stead-fast in our pledge to bringing swift justice to all those who commit violent acts against our city." S. Robin Shoemaker, Special Agent in Charge of the Detroit Field Division of ATF said, “Countering firearms violence, particularly when it relates to violent street gangs remains one of ATF’s primary missions, when it comes to gun violence ATF will continue to work hand in hand with our Detroit One partners to ensure that those individuals’ who engage in violent criminal activity are removed from our neighborhoods. "These convictions represent the significant impact law enforcement can have on violent criminal enterprises when local, state, and Federal partners combine forces to address the violent gangs responsible for terrorizing our communities," said David P. Gelios, Special Agent in Charge, FBI - Detroit Division. "The quality of life in our community will remain closely aligned to our successful ongoing collective efforts to remove violent offenders from Detroit's streets." The charges relating to the May 7, 2015, shooting of the four family members are one component of the federal government’s prosecution of the Vice Lords street gang, which has led to the arrests and convictions of Vice Lords leaders and members over several years. In two trials in March and May 2015, juries convicted eight leaders and members of the PhantomOutlaw Motorcycle Club, many of whom also were leaders and members of the Vice Lords, for various crimes, including a September – October 2013 mass murder plot against a rival organization of the Phantoms, and the September 2013 shooting ofa member of another rival organization. Among those eight convicted defendants was Antonio Johnson, aka “MT” or “MisterTony,” the National President of the Phantoms and the “Three-Star General” over the Vice Lords in Michigan. On September 8, 2015, Johnson was sentenced to 35 years in prison. Also, on January 13, 2015, Christopher Tibbs, a.k.a. “Chief Fatah,” the leader of the Michigan branch of the Mafia Insane Vice Lords, was sentenced to almost 29 years in prison for his role in helping plan an armed robbery of a Little Caesars restaurant in Redford, Michigan, in September 2013. This case marked the first time that the federal criminal streetgang enhancement was charged in the Eastern District of Michigan. The case is being investigated by the ATF’s Comprehensive Violence Reduction Program, which includes representatives of the Detroit Police, Michigan State Police, and Michigan Department of Corrections, in coordination with the FBI and DEA. The case is being prosecuted by Assistant U.S. Attorneys Christopher Graveline and Mark Bilkovic of the Eastern Districtof Michigan, and Trial Attorney Joseph Wheatley of the Criminal Division’sSix Detroit Vice Lords Gang Members Plead Guilty to Racketeering Conspiracy and Gang-Related ShootingsRead the Press Release
Six members of the Vice Lords gang in Detroit pleaded guilty this week to various racketeering and firearms offenses based on their roles in the gang-related shooting of four individuals.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Detroit Mayor Mike Duggan, Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Chief James Craig of the Detroit Police Department made the announcement.
Antonio Clark, aka Cheeto, 26; Aramis Wilson, aka Ace, 25; Tyrone Price, aka Price, 27; Jonathan Kinchen, aka Deago, 22; Kojuan Lee, aka Juan, 20; Kirshean Nelson, 19; Dion Robinson, 37; and Kenneth Smith, 34, all of Detroit, were indicted for racketeering and firearms charges relating to the gang-related shooting of four members of a family on May 7, 2015.
On Jan. 25, 2016, Wilson pleaded guilty to two counts of assault with a dangerous weapon in aid of racketeering and one count of using and carrying of a firearm during and in relation to a crime of violence. On Jan. 26, 2016, Nelson pleaded guilty to one count of RICO conspiracy. On Jan. 27, 2016, Clark pleaded guilty to two counts of attempted murder in aid of racketeering and one count of using and carrying of a firearm during and in relation to a crime of violence. On Jan. 28, 2016, Lee and Kinchen each pleaded guilty to one count of RICO conspiracy; Price pleaded guilty to two counts of assault with a dangerous weapon in aid of racketeering and one count of using and carrying of a firearm during and in relation to a crime of violence.
According to the plea agreements, the Vice Lords is a national gang engaged in a variety of crimes, including murder, robbery, narcotics trafficking and witness intimidation. The defendants admitted that the Vice Lords’ leaders are located in Chicago and Detroit and that the gang is broken down into various “sets,” “decks” or “branches.” Members who seek to leave the gang oftentimes endure a physical beating by multiple Vice Lord members or are targeted for killing. The racketeering activity included, from 2011 through 2015, trafficking in controlled substances, including marijuana, Xanax and ecstasy, at locations in and around the Detroit metropolitan area, including at Northland Mall in Southfield, Michigan.
As admitted in the plea agreements, members of the Traveling Vice Lords set, acting at the direction of Smith and others, searched for two brothers who had left, or attempted to leave, the Vice Lords as part of a plan to harm those individuals. The defendants further admitted that on May 7, 2015, they and others met at Smith’s house to discuss their plan and collect firearms, including an AK-47 assault rifle, then traveled in multiple cars to the intended victims’ house. After a brief confrontation with the brothers’ family members, Clark opened fire with an AK-47, firing at the family more than two dozen times and hitting four victims.
The charges related to the shooting are a component of the federal government’s prosecution of the Vice Lords street gang, which has led to the arrests and convictions of Vice Lords leaders and members over several years. In two trials during March and May 2015, juries convicted eight leaders and members of the Phantom Outlaw Motorcycle Club, many of whom were also leaders and members of the Vice Lords, for various crimes, including a mass murder plot against a rival organization of the Phantoms and the shooting of a member of another rival organization. Among those eight convicted defendants was Antonio Johnson, aka MT and Mister Tony, the national president of the Phantoms and the “three-star general” of the Vice Lords in Michigan, who was sentenced to 35 years in prison on Sept. 8, 2015.
On Jan. 13, 2015, Christopher Tibbs, aka Chief Fatah, the leader of the Michigan branch of the Mafia Insane Vice Lords, was sentenced to 346 months in prison for his role in helping plan an armed robbery. This case marked the first time that the federal criminal street gang enhancement was charged in the Eastern District of Michigan.
Kenneth Smith is currently a fugitive and anyone with any information about his whereabouts is encouraged to call the U.S. Marshals tip line at (313) 234-5656 and the ATF’s tip line at (313) 202-3400. The charges and allegations contained in the indictment are merely accusations. The defendants are presumed innocent until and unless proven guilty.
The ATF’s Comprehensive Violence Reduction Program, which includes representatives of the Detroit Police, Michigan State Police and Michigan Department of Corrections, is investigating the case in coordination with the FBI and DEA. Trial Attorney Joseph Wheatley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys Christopher Graveline and Mark Bilkovic of the Eastern District of Michigan are prosecuting the case.
Sentencings for January 22 - January 27, 2016Read the Press Release
Kimberly Erin Smith, 34, of Green River, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 27, 2016, for conspiracy to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Smith was arrested in Green River, Wyoming. She received 70 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Justin Dix, 35, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 25, 2016, for conspiracy to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine and for possession of a firearm in furtherance of a drug trafficking crime. Dix was arrested in Cheyenne, Wyoming. He received 160 months imprisonment, to be followed by five years of supervised release, and was ordered to pay a $300.00 fine and a $200.00 special assessment. This case was investigated by the Cheyenne Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Julia Flock, 54, of Torrington, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 25, 2016, for conspiracy to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Flock was arrested in Torrington, Wyoming. She received 37 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Cheyenne Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Nikki J. Juneman, 24, of Longview, Washington, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 25, 2016, for possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine and aiding and abetting. Juneman was arrested in Rawlins, Wyoming. She received 60 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Ramon Erek Slater, 26, of Laramie, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 25, 2016, for possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine. Slater was arrested in Cheyenne, Wyoming. He received 41 months imprisonment, to be followed by four years of supervised release, and was ordered to pay a $300.00 fine and a $100.00 special assessment. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Brian William Price, 47, of Lovell, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on January 25, 2016, for being a felon in possession of a firearm. Price was arrested in Torrington, Wyoming. He received 30 months imprisonment, to be followed by two years of supervised release, and was ordered to pay a $200.00 fine and a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Sarah Ward, 27, of Cheyenne, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on January 22, 2016, for conspiracy to distribute 100 grams or more of heroin and for possession with intent to distribute heroin. Ward was arrested in Cheyenne, Wyoming. She received 37 months imprisonment, to be followed by three years of supervised release, and was ordered to pay a $300.00 fine and a $200.00 special assessment. This case was investigated by the Cheyenne Police Department.
Rhode Island Woman Pleads Guilty to $800,000 Immigration ScamRead the Press Release
BOSTON – A Woonsocket woman pleaded guilty today in U.S. District Court in Worcester to federal wire fraud charges in connection with a scheme to defraud immigrants that netted over $800,000.
Patria Zuniga, 53, of Woonsocket, R.I., pleaded guilty to eight counts of wire fraud. U.S. District Judge Timothy S. Hillman scheduled sentencing for May 24, 2016.
From 2009 through 2012, Zuniga targeted immigrant victims telling them that she worked for US immigration authorities and could assist them in lawfully obtaining permanent resident immigration status. The victims typically had no lawful status or temporary legal status in the United States. Zuniga’s services were initially offered for $8,000 to $14,000; however, after the victims made the payments, Zuniga extorted additional funds by, among other things, threatening to have them deported if they refused to pay.
Victim payments were initially made in cash, but later in the scheme Zuniga accepted money via cash deposits made directly into designated bank accounts (including accounts owned by her daughters), money orders, and bank and Western Union wire transfers. In total, victims paid more $800,000 over the course of the fraud.
In furtherance of her scheme, Zuniga employed a variety of tools to create the appearance of legitimacy in front of the victims. For example, in order to prove that she could in fact deliver the promised immigration benefits, Zuniga showed her victims photocopies of immigration documents with their names and photographs on them, which she had forged. Zuniga also routinely arranged for victims to travel to the United States Citizenship and Immigration Offices in Boston purportedly to take receipt of the of the immigration documents. Upon arrival, victims waited for hours only to have Zuniga contact and cancel the non-existent appointment.
Zuniga’s daughters, Alba Peña and Indranis Rocheford, have also been charged in connection with the fraud. They are scheduled for trial in April 2016.
Zuniga faces a maximum sentence of 20 years in prison to be followed by three years of supervised release and a fine of $250,000 per count of wire fraud. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Carmen M. Ortiz; Matthew Etre, Special Agent in Charge of Homeland Security Investigations; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service in Boston, made the announcement today. The case is being prosecuted by Jordi de Llano of Ortiz’s Major Crimes Unit.
Retired Air Force Master Sergeant Sentenced to Prison for Disclosing Confidential Bid Information for Government Contracts and Tax FraudRead the Press Release
A retired U.S. Air Force Master Sergeant was sentenced today in the U.S. District Court for the Southern District of Florida to 18 months in prison following his guilty plea to unlawfully disclosing confidential procurement information and filing a false tax return, announced Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.
According to court documents, Trevor Smith retired from the U.S. Air Force in December 2012 at the rank of Master Sergeant. From February 2009 through February 2010, Smith was deployed to Afghanistan, where he served as Supply Non-Commissioned Officer-In-Charge for the Operation Enduring Freedom/Combined Security Transition Command-Afghanistan NATO Training Mission. In that capacity, Smith met a Fort Lauderdale-based government contractor. As part of his plea, Smith admitted that he agreed to disclose confidential bid information on government contracts to the contractor in exchange for bribe payments. Smith and the contractor agreed that Smith would receive two percent of all revenues on contracts that the contractor received as a result of Smith’s assistance.
In January 2010, the contractor wired $42,853.29 to Smith. The two agreed to wait until Smith returned to the United States for more payments. After returning to the United States, Smith set up a shell corporation called T Star Air Inc. to receive 23 additional payments totaling $220,600. Smith also created and submitted phony invoices to conceal the scheme. For tax years 2010 through 2012, Smith filed corporate tax returns for T Star Air that falsely claimed inflated expenses and deductions.
In addition to the prison term, U.S. District Judge Beth Bloom for the Southern District of Florida ordered Smith to pay restitution to the Internal Revenue Service (IRS) in the amount of $6,501.
Acting Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, the U.S. Air Force’s Office of Special Investigations and the U.S. Department of Defense’s Office of the Inspector General, who investigated this case and Trial Attorneys Charles M. Edgar Jr. and Jason H. Poole of the Tax Division, who are prosecuting this case.
Acting Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office of the Southern District of Florida for their substantial assistance.
Residents from Modesto and Southern California Indicted for Large Scale Statewide Drug Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — A federal grand jury returned an 11-count indictment today against Antonio Castellanos, 32, of Whittier; Jose Reyes-Pineda, 43, of Anaheim; and Modesto residents Genaro Serrato-Calles, 45; Antonio Valencia-Hernandez, 60; Lorena Mariscal Velasquez, 46; Nora Lizbet Garcia, 29; and Melissa Velasquez, 25, charging them in a methamphetamine and heroin trafficking conspiracy, U.S. Attorney Benjamin B. Wagner announced.
According to court documents, between June 2014 and January 2016, the defendants conspired to distribute methamphetamine and heroin brought from Southern California to Stanislaus County. On April 8, 2015, agents seized six kilograms of methamphetamine obtained from Reyes-Pineda, transported by Valencia-Hernandez and Lorena Velasquez, and intended for Serrato-Calles. In addition, agents seized 16 kilograms of methamphetamine in June 15, 2015 that had been transported to Stanislaus County from Southern California as arranged by Castellanos and Serrato-Calles.
This case is the product of an investigation by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Stanislaus Drug Enforcement Agency, the Central Valley HIDTA, the San Joaquin METRO Task Force, and the Orange County Sheriff’s Special Investigations Bureau. Assistant U.S. Attorney Kathleen A. Servatius is prosecuting the case.
All defendants have been arrested. Castellanos, Reyes-Pineda, Lorena Velasquez, Melissa Velasquez, and Garcia have been ordered released pending trial. All defendants are scheduled to appear in court before U.S. Magistrate Judge Stanley A. Boone for arraignment on Friday, January 29, 2016.
If convicted, Castellanos, Serrato-Calles, and Valencia-Hernandez face a sentence of 10 years to life in prison and a $10 million fine. If convicted, the remaining defendants face a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Rand heroin dealer pleads guilty to Federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Rand drug dealer pleaded guilty today to a federal heroin crime, announced Acting United States Attorney Carol Casto. Marcus Manchion, 27, entered his guilty plea in federal court to distribution of heroin.
Manchion admitted that on March 3, 2015, he sold heroin to a confidential informant working with the Kanawha County Sheriff’s Department. The drug deal took place on the 5000 block of Church Drive in Rand. Manchion also admitted to selling heroin to a confidential informant on three other occasions in March of 2015. On April 16, 2015, officers executed a search warrant on Manchion’s house in Rand and recovered over 80 grams of heroin and a Glock Model 37 pistol.
Manchion faces up to 20 years in federal prison and a fine of $1 million when he is sentenced on April 28, 2016.
The case was investigated by the Kanawha County Sheriff’s Department. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. The hearing was held before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Prince George’s County Cocaine Dealer Sentenced to over 16 Years in PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Charles Brian Curtin, age 46, of Mechanicsville, Maryland today to 200 months in prison, followed by five years of supervised release, for conspiracy to distribute and possess with intent to distribute cocaine, and for being a felon in possession of a firearm.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Interim Chief Henry P. Stawinski of the Prince George’s County Police Department; and St. Mary’s County Sheriff Tim Cameron.
According to his plea agreement, from at least February through September 4, 2014, Curtin conspired with others to distribute cocaine in and around Prince George’s County, Maryland. Curtin obtained cocaine from suppliers in Tennessee and Maryland. During the investigation, Curtin was overheard by law enforcement discussing the distribution of cocaine using coded language. Curtin stored cocaine, drug proceeds and firearms in multiple residences in Maryland.
On August 22, 2014, law enforcement executed a search warrant at a stash house in District Heights, Maryland used by Curtin and seized cocaine packaging material, a digital scale used to measure cocaine for distribution, and $178,020 in cash. Later that day, a second search warrant was executed at Curtin’s home in Mechanicsville. Law enforcement seized drug paraphernalia, a scale, a .45 caliber handgun and a PLR-16 handgun. Curtin had previously been convicted of a felony and was prohibited from possessing firearms or ammunition.
Curtin admitted that during the course of the conspiracy he was responsible for distributing between five and 15 kilograms of cocaine.
United States Attorney Rod J. Rosenstein praised the DEA, Prince George’s County Police Department, and St. Mary’s County Sheriff’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Leah J. Bressack and Joseph R. Baldwin, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Preston Hollow Woman Indicted for Social Security FraudRead the Press Release
ALBANY, NEW YORK – Karen L. Sowman, age 55, of Preston Hollow, New York, was arraigned today on an indictment accusing her of stealing $69,000 in benefits from the Social Security Administration (SSA).
The announcement was made by United States Attorney Richard S. Hartunian and Edward J. Ryan, Special Agent-In-Charge of the SSA Office of the Inspector General.
Sowman is charged with theft of government property. The indictment alleges that Sowman took and spent Social Security benefit payments deposited into her deceased mother’s bank account knowing that the money was not hers.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
Sowman faces up to 10 years of imprisonment and a $250,000 fine if convicted. Actual sentences are typically less than the maximum penalties. Sentences are imposed by a judge based on U.S. Sentencing Guidelines and other statutory factors.
Sowman, who was indicted on January 20, 2016, was arraigned today before Magistrate Judge Daniel J. Stewart. She was released on her own recognizance pending a trial scheduled for March 28, 2016 before U.S. District Judge Mae A. D’Agostino.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Portland Man Sentenced to 1½ Years for Illegally Possessing FirearmRead the Press Release
Contact: Darcie N. McElwee
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Cory Girard, 27, of Portland, Maine, was sentenced today in U.S. District Court by Judge D. Brock Hornby to 1½ years in prison and three years of supervised release for possessing a firearm while being an unlawful user of marijuana. He pled guilty on October 1, 2015.
According to court records, on January 8, 2010, Girard was found by police at a Rackleff Street, Portland apartment in possession of a semi-automatic pistol that he purchased in October 2009 and used to protect his drug trafficking business. Over that period of time, Girard was an illegal daily user of marijuana and had smoked marijuana on January 8, 2010.
The investigation was conducted by the Portland Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Pontoon Beach Man Sentenced for Distributing Methamphetamine in Granite CityRead the Press Release
The Acting United States Attorney for the Southern District of Illinois, James L. Porter, announced today that Michael J. Murphy, 35, of Pontoon Beach, Illinois, was sentenced on January 28, 2016 to 36 months in federal prison for Distribution of Methamphetamine in Granite City in December, 2013.
Murphy pled guilty to the federal charge on October 16, 2015. He has been in federal custody since then.
According to evidence presented at Murphy’s change of plea hearing, Murphy sold approximately two ounces of methamphetamine to a police informant for $3,800 on December 11, 2013, near a tavern in Granite City.
Charged along with Murphy was a co-defendant, Shawn A. Thompson, who supplied the methamphetamine to Murphy. Thompson has also pled guilty and is scheduled to be sentenced in U.S. District Court in East St. Louis, Illinois, on March 17, 2016.
The investigation which resulted in Murphy’s arrest and conviction was conducted by the Drug Enforcement Administration (DEA).
The case was prosecuted by Assistant United States Attorney Robert L. Garrison.
Pocatello Man Pleads Guilty to Social Security FraudRead the Press Release
POCATELLO - Timmy Adam Allen, 51, of Pocatello, Idaho, pleaded guilty today to social security fraud, U.S. Attorney Wendy J. Olson announced. Allen was indicted by a federal grand jury in Pocatello on August 11, 2015.
According to the plea agreement, Allen admitted that in February 2012, he applied for social security benefits for his son and requested to be the representative payee. As part of the application, the defendant falsely represented that his son lived with him. In reliance on that application and the false statement it contained, the Social Security Administration determined the son was eligible for benefits and appointed Allen as the representative payee. From on or about February 9, 2012, through on or about July 3, 2014, the defendant received $21,681 in social security benefits for his son. The defendant did not spend any of the money on his son or conserve it for his future use. Instead, the defendant took the $21,681 and spent it on himself.
The charge of social security fraud is punishable by up to five years in prison, a maximum fine of $250,000.00, and up to three years of supervised release.
Sentencing is set for March 29, 2016, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
The case was investigated by the Social Security Administration Office of Inspector General with assistance from the Power County Sheriff’s Office. The case was prosecuted by a Special Assistant U.S. Attorney as part of a partnership venture between the Social Security Administration Office of General Counsel and the United States Attorney’s Office to prosecute social security fraud.
Norwalk Drug Trafficker Sentenced to 6 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that KONSTANTINOS ZOGRAFIDIS, also known as “Gus,” 54, of Norwalk, was sentenced yesterday by U.S. District Judge Jeffrey Alker Meyer in New Haven to 72 months of imprisonment, followed by three years of supervised release, for trafficking oxycodone, cocaine and marijuana.
According to court documents and statements made in court, a year-long investigation headed by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and Norwalk Police Department identified ZOGRAFIDIS as a major distributor of oxycodone, cocaine and marijuana in Fairfield County.
Sixteen individuals were charged and convicted as a result of this investigation.
ZOGRAFIDIS has been detained since arrest in May 2012. On June 24, 2014, he pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine.
ZOGRAFIDIS, a citizen of Greece, faces immigration proceedings when he completes his prison term.
This matter was investigated by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Norwalk Police Department, with assistance provided by the Connecticut State Police and the Bridgeport, Stamford, Stratford and Westport Police Departments. The case is being prosecuted Assistant U.S. Attorneys Vanessa Richards and Michael Runowicz.
Norwalk Accountant Sentenced to More Than 8 Years in Federal Prison for Running Ponzi SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JAMES E. NEILSEN, 55, of Norwalk was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 97 months of imprisonment, followed by three years of supervised release, for operating a Ponzi scheme that defrauded investors of more than $1.6 million, and for stealing millions more from other investment accounts.
According to court documents and statements made in court, NEILSEN was a certified public accountant until he became inactive in approximately 2012. Since at least 2006, NEILSEN solicited and received more than $1 million dollars from numerous individuals to invest with Ulysses Partners, LLC, an entity in which NEILSEN was a partner and chief financial officer, or Neilsen Financial Services, an entity that NEILSEN owned and controlled. NEILSEN promised investors a guaranteed rate of return of 9 to 10.5 percent on their investment. NEILSEN told investors that Ulysses Partners or Neilsen Financial Services would invest their money in businesses or business ventures. Instead, NEILSEN used much of that money to pay back earlier victim investors and to make various personal expenditures.
As part of the scheme, NEILSEN submitted fabricated account statements to his victims, and also sent lulling emails to multiple victims.
Through this scheme, NEILSEN defrauded victim investors of $1,663,641.83.
In addition, NEILSEN stole funds from various trust and estates accounts to which he had access.
Judge Chatigny found that the total loss attributable to NEILSEN’s criminal conduct exceeds $6 million. A restitution hearing will be scheduled at a later time.
NEILSEN’s victims include his accounting clients, clients of his tax preparation business, friends and members of his family, including his 93-year-old great aunt. His victims also include minor children beneficiaries of a trust established after their father’s untimely death and whose trust monies NEILSEN had authorized access to. Approximately 10 of NEILSEN victims addressed the court during today’s sentencing proceeding.
NEILSEN was arrested on June 18, 2015. On September 24, 2015, he pleaded guilty to one count of wire fraud.
NEILSEN has been released on bond since his arrest. He will be confined to his home on electronic monitoring until he reports to prison on March 11, 2016.
This matter was investigated by the Federal Bureau of Investigation, the Greenwich Police Department and the Connecticut Department of Banking. The case was prosecuted by Assistant U.S. Attorney David T. Huang.
New York City Man Sentenced to 46 Months in Prison for Cocaine TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a 28 year old New York City resident was sentenced today to 46 months in federal prison by U.S. District Court Judge Robert D. Mariani for selling cocaine and crack cocaine in the Lackawanna and Luzerne County areas.
According to United States Attorney Peter Smith, the conviction and sentence are the result of an investigation by the Federal Bureau of Investigation and the Pennsylvania State Police into the sale of drugs at various motels in Luzerne and Lackawanna Counties. On August 28, 2015, Cedrick Johnson pleaded guilty to distributing cocaine and crack on numerous occasions between 2012 and July 2013.
Judge Mariani also ordered Johnson to be placed on three years of supervised release following his prison sentence.
This case was prosecuted by Assistant U.S. Attorney John C. Gurganus, Jr.
# # #
Nebraska Man Sentenced in Health Care Fraud CaseRead the Press Release
United States Attorney Deborah Gilg and Nebraska Attorney General Doug Peterson announced that Clements Akara, 61, of Omaha Nebraska, was sentenced today by United States District Judge John M. Gerrard for the crime of health care fraud. Akara was sentenced to three years of supervised release, five months incarceration, and five months of house arrest. He was also ordered to perform 100 hours of community service and pay restitution to the Nebraska Department of Health & Human Services, Medicaid Division totaling $65,911.
By his guilty plea, Akara admitted submitting false claims to Nebraska Medicaid for durable medical equipment, primarily nebulizers and nebulizer supplies, which he had not actually provided to anyone. Between November 2004 and August 2010 he submitted 76 false claims for payment through his business, Statewide Medical Equipment.
This case was investigated by the Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s Office and prosecuted by the Nebraska Attorney General’s office and the United States Attorney’s office.
Navy Commander Pleads Guilty to Accepting Cash and Prostitutes in International Bribery SchemeRead the Press Release
For Further Information, Contact: Assistant U.S. Attorney Mark W. Pletcher (619) 546-9714
NEWS RELEASE SUMMARY – January 28, 2016
SAN DIEGO, CA – U.S. Navy Commander Michael Vannak Khem Misiewicz pleaded guilty to bribery charges in federal court today, admitting that he gave classified ship schedules - including those that contained information related to the U.S. Navy’s ballistic missile defense operations in the Pacific - to a foreign defense contractor in exchange for cash, gifts, travel expenses, entertainment and the services of prostitutes.
Misiewicz, 48, who was indicted last January by a federal grand jury in the Southern District of California, pleaded guilty before U.S. Magistrate Judge Jan Adler to one count of conspiracy and one count of bribery. A sentencing hearing is scheduled for April 29, 2016 at 9 a.m. before U.S. District Judge Janis L. Sammartino.
According to admissions in his plea agreement, from January 2011 until September 2013, Misiewicz provided classified U.S. Navy ship schedules and other sensitive U.S. Navy information to the defense contractor, Leonard Glenn Francis, CEO and owner of Singapore-based Glenn Defense Marine Asia. GDMA provided husbanding services such as tugboats, fuel, and trash removal services for U.S. Navy ships and submarines when they arrived at ports throughout the Pacific.
In his plea agreement, Misiewicz admitted that he used his position and influence within the U.S. Navy to advance the interests GDMA, including by providing Francis with classified ship schedules and other proprietary U.S. Navy information, and that in return, Francis gave him cash, paid for luxury travel on at least eight occasions for Misiewicz, his mother, brother and children to the Philippines, Japan, Kuala Lumpur, Cambodia, Singapore and the United States, provided his wife with a designer handbag, and plied Misiewicz with the services of prostitutes on multiple occasions. Throughout the conspiracy, Misiewicz admitted, he and his conspirators took steps to avoid detection by law enforcement by, among other means, using clandestine email accounts, which they periodically deleted.
“Commander Misiewicz provided information to a foreign contractor that, in the wrong hands, could’ve had a devastating impact on national security,” said U.S. Attorney Laura Duffy. “By giving in to greed, he put his Navy shipmates and fellow Americans in harm’s way. This guilty plea is an important step in ensuring that all those who violated their duty of trust to the United States in this affair are held accountable.”
“In exchange for luxury vacations, gifts and other expenses, Commander Misiewicz betrayed his oath, the men and women of the U.S. Navy, and American taxpayers by directing lucrative government contracts to his financial patron,” said Assistant Attorney General Leslie R. Caldwell. “Working with our law enforcement partners, the Department of Justice’s Criminal Division is committed to prosecuting corrupt officials who abuse positions of public trust.”
“Today's guilty plea of Commander Misiewicz is yet another example of a U.S. Navy officer who sought to enrich himself at the expense of U.S. taxpayers,” said DCIS Director James B. Burch, Director. “This type of reprehensible behavior will not be tolerated. Those who serve in the U.S. Navy have an obligation to uphold the public's trust or suffer the consequences. DCIS, the Naval Criminal Investigative Service, and the Department of Justice will vigorously pursue this investigation wherever it may lead us.”
“Commander Misiewicz chose personal gain and gratification over sacrifice and service to our country. His actions are antithetical to the Navy's core values of honor, courage and commitment," said NCIS Director Andrew Traver. “Along with DCIS, we will continue vigorously pursuing all aspects of the investigation.”
So far, nine people have been charged; of those, eight have pleaded guilty, including Misiewicz, Captain Daniel Dusek, Commander Jose Sanchez, NCIS Special Agent John Beliveau and U.S. Navy Petty Officer First Class Daniel Layug; as well as GDMA’s Francis and GDMA employee Alex Wisidigama. Former Department of Defense civilian employee Paul Simpkins awaits trial. Layug was sentenced last week to 27 months in prison and a $15,000 fine; the others await sentencing.
The ongoing investigation is being conducted by NCIS, DCIS and the Defense Contract Audit Agency. The case is being prosecuted by Assistant U.S. Attorney Mark W. Pletcher of the Southern District of California and Trial Attorneys Brian R. Young and Lawrence Atkinson of the Criminal Division’s Fraud Section.
Those with information relating to fraud, corruption or waste in government contracting should contact the NCIS anonymous tip line at www.ncis.navy.mil or the DOD Hotline at www.dodig.mil/hotline, or call (800) 424-9098.
DEFENDANT Case Number: 13-CR-4287
Michael Vannak Khem Misiewicz 48 San Diego, CA
SUMMARY OF CHARGES
Conspiracy to Commit Bribery, in violation of 18 U.S.C. § 371
Maximum Penalty: 5 years in prison, a $250,000 fine,
Bribery, in violation of 18 U.S.C. § 201
Maximum Penalty: 15 years in prison, a $250,000 fine
INVESTIGATING AGENCIES
Defense Criminal Investigative Service
Naval Criminal Investigative Service
Defense Contract Audit Agency
Navajo Man from Sheep Springs, N.M., Pleads Guilty to Federal Voluntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Bufred Denetclaw, 53, an enrolled member of the Navajo Nation who resides in Sheep Springs, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a voluntary manslaughter charge. Under the terms of his plea agreement, Denetclaw will be sentenced to 100 months in federal prison.
Denetclaw was arrested on June 23, 2014, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on June 21, 2014. The crime occurred during an alcohol-infused argument between Denetclaw and the victim. Denetclaw was subsequently indicted on June 24, 2015.
During today’s proceedings, Denetclaw pled guilty to a felony information charging him with voluntary manslaughter. In entering his guilty plea, Denetclaw admitted that on June 21, 2014, while acting in the heat of passion, he killed the victim by stabbing him in the back three times.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Raquel Ruiz-Velez.